{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2982.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2982.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2982.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2982.html"}],"law_id":56308,"edition_id":1,"section_id":56308,"structure_id":14683,"section_number":"54.1-2982","catch_line":"Definitions","history":"1983, c. 532, \u00a7 54-325.8:2; 1984, c. 79; 1988, c. 765; 1991, c. 583; 1992, cc. 412, 748, 772; 1994, c. 956; 1997, c. 609; 1998, cc. 630, 803, 854; 1999, c. 814; 2000, c. 1034; 2005, c. 186; 2007, cc. 92, 907; 2009, cc. 211, 268; 2010, c. 792; 2012, cc. 476, 507; 2017, cc. 747, 752; 2021, Sp. Sess. I, c. 465.","full_text":"As used in this article:\n\t\t“Advance directive” means (i) a witnessed written document, voluntarily executed by the declarant in accordance with the requirements of \u00a7 54.1-2983 or (ii) a witnessed oral statement, made by the declarant subsequent to the time he is diagnosed as suffering from a terminal condition and in accordance with the provisions of \u00a7 54.1-2983.\n\t\t“Agent” means an adult appointed by the declarant under an advance directive, executed or made in accordance with the provisions of \u00a7 54.1-2983, to make health care decisions for him. The declarant may also appoint an adult to make, after the declarant’s death, an anatomical gift of all or any part of his body pursuant to Article 2 (\u00a7 32.1-291.1 et seq.) of Chapter 8 of Title 32.1.\n\t\t“Attending physician” means the primary physician who has responsibility for the health care of the patient.\n\t\t“Capacity reviewer” means a licensed physician or clinical psychologist who is qualified by training or experience to assess whether a person is capable or incapable of making an informed decision.\n\t\t“Declarant” means an adult who makes an advance directive, as defined in this article, while capable of making and communicating an informed decision.\n\t\t“Durable Do Not Resuscitate Order” means a written physician’s order issued pursuant to \u00a7 54.1-2987.1 to withhold cardiopulmonary resuscitation from a particular patient in the event of cardiac or respiratory arrest. For purposes of this article, cardiopulmonary resuscitation shall include cardiac compression, endotracheal intubation and other advanced airway management, artificial ventilation, and defibrillation and related procedures. As the terms “advance directive” and “Durable Do Not Resuscitate Order” are used in this article, a Durable Do Not Resuscitate Order is not and shall not be construed as an advance directive.\n\t\t“Health care” means the furnishing of services to any individual for the purpose of preventing, alleviating, curing, or healing human illness, injury or physical disability, including but not limited to, medications; surgery; blood transfusions; chemotherapy; radiation therapy; admission to a hospital, nursing home, assisted living facility, or other health care facility; psychiatric or other mental health treatment; and life-prolonging procedures and palliative care.\n\t\t“Health care provider” shall have the same meaning as provided in \u00a7 8.01-581.1.\n\t\t“Incapable of making an informed decision” means the inability of an adult patient, because of mental illness, intellectual disability, or any other mental or physical disorder that precludes communication or impairs judgment, to make an informed decision about providing, continuing, withholding or withdrawing a specific health care treatment or course of treatment because he is unable to understand the nature, extent or probable consequences of the proposed health care decision, or to make a rational evaluation of the risks and benefits of alternatives to that decision. For purposes of this article, persons who are deaf, dysphasic or have other communication disorders, who are otherwise mentally competent and able to communicate by means other than speech, shall not be considered incapable of making an informed decision.\n\t\t“Life-prolonging procedure” means any medical procedure, treatment or intervention which (i) utilizes mechanical or other artificial means to sustain, restore or supplant a spontaneous vital function, or is otherwise of such a nature as to afford a patient no reasonable expectation of recovery from a terminal condition and (ii) when applied to a patient in a terminal condition, would serve only to prolong the dying process. The term includes artificially administered hydration and nutrition. However, nothing in this act shall prohibit the administration of medication or the performance of any medical procedure deemed necessary to provide comfort care or to alleviate pain, including the administration of pain relieving medications in excess of recommended dosages in accordance with \u00a7\u00a7 54.1-2971.01 and 54.1-3408.1. For purposes of \u00a7\u00a7 54.1-2988, 54.1-2989, and 54.1-2991, the term also shall include cardiopulmonary resuscitation.\n\t\t“Patient care consulting committee” means a committee duly organized by a facility licensed to provide health care under Title 32.1 or Title 37.2, or a hospital or nursing home as defined in \u00a7 32.1-123 owned or operated by an agency of the Commonwealth that is exempt from licensure pursuant to \u00a7 32.1-124, to consult on health care issues only as authorized in this article. Each patient care consulting committee shall consist of five individuals, including at least one physician, one person licensed or holding a multistate licensure privilege under Chapter 30 (\u00a7 54.1-3000 et seq.) to practice professional nursing, and one individual responsible for the provision of social services to patients of the facility. At least one committee member shall have experience in clinical ethics and at least two committee members shall have no employment or contractual relationship with the facility or any involvement in the management, operations, or governance of the facility, other than serving on the patient care consulting committee. A patient care consulting committee may be organized as a subcommittee of a standing ethics or other committee established by the facility or may be a separate and distinct committee. Four members of the patient care consulting committee shall constitute a quorum of the patient care consulting committee.\n\t\t“Persistent vegetative state” means a condition caused by injury, disease or illness in which a patient has suffered a loss of consciousness, with no behavioral evidence of self-awareness or awareness of surroundings in a learned manner, other than reflex activity of muscles and nerves for low level conditioned response, and from which, to a reasonable degree of medical probability, there can be no recovery.\n\t\t“Physician” means a person licensed to practice medicine in the Commonwealth of Virginia or in the jurisdiction where the health care is to be rendered or withheld.\n\t\t“Qualified advance directive facilitator” means a person who has successfully completed a training program approved by the Department of Health for providing assistance in completing and executing a written advance directive, including successful demonstration of competence in assisting a person in completing and executing a valid advance directive and successful passage of a written examination.\n\t\t“Terminal condition” means a condition caused by injury, disease or illness from which, to a reasonable degree of medical probability a patient cannot recover and (i) the patient’s death is imminent or (ii) the patient is in a persistent vegetative state.\n\t\t“Witness” means any person over the age of 18, including a spouse or blood relative of the declarant. Employees of health care facilities and physician’s offices, who act in good faith, shall be permitted to serve as witnesses for purposes of this article.","order_by":null,"text":{"0":{"id":206208,"text":"As used in this article:\n\t\t“Advance directive” means (i) a witnessed written document, voluntarily executed by the declarant in accordance with the requirements of \u00a7 54.1-2983 or (ii) a witnessed oral statement, made by the declarant subsequent to the time he is diagnosed as suffering from a terminal condition and in accordance with the provisions of \u00a7 54.1-2983.\n\t\t“Agent” means an adult appointed by the declarant under an advance directive, executed or made in accordance with the provisions of \u00a7 54.1-2983, to make health care decisions for him. The declarant may also appoint an adult to make, after the declarant’s death, an anatomical gift of all or any part of his body pursuant to Article 2 (\u00a7 32.1-291.1 et seq.) of Chapter 8 of Title 32.1.\n\t\t“Attending physician” means the primary physician who has responsibility for the health care of the patient.\n\t\t“Capacity reviewer” means a licensed physician or clinical psychologist who is qualified by training or experience to assess whether a person is capable or incapable of making an informed decision.\n\t\t“Declarant” means an adult who makes an advance directive, as defined in this article, while capable of making and communicating an informed decision.\n\t\t“Durable Do Not Resuscitate Order” means a written physician’s order issued pursuant to \u00a7 54.1-2987.1 to withhold cardiopulmonary resuscitation from a particular patient in the event of cardiac or respiratory arrest. For purposes of this article, cardiopulmonary resuscitation shall include cardiac compression, endotracheal intubation and other advanced airway management, artificial ventilation, and defibrillation and related procedures. As the terms “advance directive” and “Durable Do Not Resuscitate Order” are used in this article, a Durable Do Not Resuscitate Order is not and shall not be construed as an advance directive.\n\t\t“Health care” means the furnishing of services to any individual for the purpose of preventing, alleviating, curing, or healing human illness, injury or physical disability, including but not limited to, medications; surgery; blood transfusions; chemotherapy; radiation therapy; admission to a hospital, nursing home, assisted living facility, or other health care facility; psychiatric or other mental health treatment; and life-prolonging procedures and palliative care.\n\t\t“Health care provider” shall have the same meaning as provided in \u00a7 8.01-581.1.\n\t\t“Incapable of making an informed decision” means the inability of an adult patient, because of mental illness, intellectual disability, or any other mental or physical disorder that precludes communication or impairs judgment, to make an informed decision about providing, continuing, withholding or withdrawing a specific health care treatment or course of treatment because he is unable to understand the nature, extent or probable consequences of the proposed health care decision, or to make a rational evaluation of the risks and benefits of alternatives to that decision. For purposes of this article, persons who are deaf, dysphasic or have other communication disorders, who are otherwise mentally competent and able to communicate by means other than speech, shall not be considered incapable of making an informed decision.\n\t\t“Life-prolonging procedure” means any medical procedure, treatment or intervention which (i) utilizes mechanical or other artificial means to sustain, restore or supplant a spontaneous vital function, or is otherwise of such a nature as to afford a patient no reasonable expectation of recovery from a terminal condition and (ii) when applied to a patient in a terminal condition, would serve only to prolong the dying process. The term includes artificially administered hydration and nutrition. However, nothing in this act shall prohibit the administration of medication or the performance of any medical procedure deemed necessary to provide comfort care or to alleviate pain, including the administration of pain relieving medications in excess of recommended dosages in accordance with \u00a7\u00a7 54.1-2971.01 and 54.1-3408.1. For purposes of \u00a7\u00a7 54.1-2988, 54.1-2989, and 54.1-2991, the term also shall include cardiopulmonary resuscitation.\n\t\t“Patient care consulting committee” means a committee duly organized by a facility licensed to provide health care under Title 32.1 or Title 37.2, or a hospital or nursing home as defined in \u00a7 32.1-123 owned or operated by an agency of the Commonwealth that is exempt from licensure pursuant to \u00a7 32.1-124, to consult on health care issues only as authorized in this article. Each patient care consulting committee shall consist of five individuals, including at least one physician, one person licensed or holding a multistate licensure privilege under Chapter 30 (\u00a7 54.1-3000 et seq.) to practice professional nursing, and one individual responsible for the provision of social services to patients of the facility. At least one committee member shall have experience in clinical ethics and at least two committee members shall have no employment or contractual relationship with the facility or any involvement in the management, operations, or governance of the facility, other than serving on the patient care consulting committee. A patient care consulting committee may be organized as a subcommittee of a standing ethics or other committee established by the facility or may be a separate and distinct committee. Four members of the patient care consulting committee shall constitute a quorum of the patient care consulting committee.\n\t\t“Persistent vegetative state” means a condition caused by injury, disease or illness in which a patient has suffered a loss of consciousness, with no behavioral evidence of self-awareness or awareness of surroundings in a learned manner, other than reflex activity of muscles and nerves for low level conditioned response, and from which, to a reasonable degree of medical probability, there can be no recovery.\n\t\t“Physician” means a person licensed to practice medicine in the Commonwealth of Virginia or in the jurisdiction where the health care is to be rendered or withheld.\n\t\t“Qualified advance directive facilitator” means a person who has successfully completed a training program approved by the Department of Health for providing assistance in completing and executing a written advance directive, including successful demonstration of competence in assisting a person in completing and executing a valid advance directive and successful passage of a written examination.\n\t\t“Terminal condition” means a condition caused by injury, disease or illness from which, to a reasonable degree of medical probability a patient cannot recover and (i) the patient’s death is imminent or (ii) the patient is in a persistent vegetative state.\n\t\t“Witness” means any person over the age of 18, including a spouse or blood relative of the declarant. Employees of health care facilities and physician’s offices, who act in good faith, shall be permitted to serve as witnesses for purposes of this article.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14683,"edition_id":1,"name":"Health Care Decisions Act","identifier":"8","label":"article","depth":4,"order_by":1,"parent_id":12759,"metadata":{},"date_created":"2026-06-26 03:49:19","date_modified":"2026-06-26 03:49:19","permalink":{"id":242579,"object_type":"structure","relational_id":14683,"identifier":"8","token":"54.1\/III\/29\/8","url":"\/54.1\/III\/29\/8\/","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":77307,"structure_id":14683,"section_number":"54.1-2981","catch_line":"Short title","url":"\/54.1-2981\/","token":"54.1\/III\/29\/8\/54.1-2981","metadata":false},{"id":56308,"structure_id":14683,"section_number":"54.1-2982","catch_line":"Definitions","url":"\/54.1-2982\/","token":"54.1\/III\/29\/8\/54.1-2982","metadata":false},{"id":57295,"structure_id":14683,"section_number":"54.1-2983","catch_line":"Procedure for making advance directive; 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burden of proof; presumption","url":"\/54.1-2988\/","token":"54.1\/III\/29\/8\/54.1-2988","metadata":false},{"id":76186,"structure_id":14683,"section_number":"54.1-2988.1","catch_line":"Assistance with completing and executing advance directives","url":"\/54.1-2988.1\/","token":"54.1\/III\/29\/8\/54.1-2988.1","metadata":false},{"id":75997,"structure_id":14683,"section_number":"54.1-2989","catch_line":"Willful destruction, concealment, etc., of declaration or revocation; penalties","url":"\/54.1-2989\/","token":"54.1\/III\/29\/8\/54.1-2989","metadata":false},{"id":63401,"structure_id":14683,"section_number":"54.1-2989.1","catch_line":"Failure to deliver advance directive","url":"\/54.1-2989.1\/","token":"54.1\/III\/29\/8\/54.1-2989.1","metadata":false},{"id":83098,"structure_id":14683,"section_number":"54.1-2990","catch_line":"Medically unnecessary health care not required; procedure when physician refuses to comply with an advance directive or a designated person's health care decision; mercy killing or euthanasia prohibited","url":"\/54.1-2990\/","token":"54.1\/III\/29\/8\/54.1-2990","metadata":false},{"id":78993,"structure_id":14683,"section_number":"54.1-2991","catch_line":"Effect of declaration; suicide; insurance; declarations executed prior to effective date","url":"\/54.1-2991\/","token":"54.1\/III\/29\/8\/54.1-2991","metadata":false},{"id":74741,"structure_id":14683,"section_number":"54.1-2992","catch_line":"Preservation of existing rights","url":"\/54.1-2992\/","token":"54.1\/III\/29\/8\/54.1-2992","metadata":false},{"id":58521,"structure_id":14683,"section_number":"54.1-2993","catch_line":"Reciprocity","url":"\/54.1-2993\/","token":"54.1\/III\/29\/8\/54.1-2993","metadata":false},{"id":76420,"structure_id":14683,"section_number":"54.1-2993.1","catch_line":"Qualified advance directive facilitators; requirements for training programs","url":"\/54.1-2993.1\/","token":"54.1\/III\/29\/8\/54.1-2993.1","metadata":false}],"previous_section":{"id":77307,"structure_id":14683,"section_number":"54.1-2981","catch_line":"Short title","url":"\/54.1-2981\/","token":"54.1\/III\/29\/8\/54.1-2981","metadata":false},"next_section":{"id":57295,"structure_id":14683,"section_number":"54.1-2983","catch_line":"Procedure for making advance directive; notice to physician","url":"\/54.1-2983\/","token":"54.1\/III\/29\/8\/54.1-2983","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2982\/","history_text":"

This law was first created in 1983. The record of its establishment is cataloged in chapter 532 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. Unfortunately, the 1983 \u201cActs\u201d aren\u2019t available online. It has been modified 15 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 1984, chapter 79; in 1988, chapter 765; in 1991, chapter 583; in 1992, chapters 412, 748, and 772; in 1994, chapter 956<\/a>; in 1997, chapter 609<\/a>; in 1998, chapters 630<\/a>, 803<\/a>, and 854<\/a>; in 1999, chapter 814<\/a>; in 2000, chapter 1034<\/a>; in 2005, chapter 186<\/a>; in 2007, chapters 92<\/a> and 907<\/a>; in 2009, chapters 211<\/a> and 268<\/a>; in 2010, chapter 792<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2017, chapters 747<\/a> and 752<\/a>.<\/p>","references":[{"id":68456,"section_number":"32.1-162.16","catch_line":"Definitions","order_by":null,"url":"\/32.1-162.16\/"},{"id":67598,"section_number":"32.1-162.18","catch_line":"Informed consent","order_by":null,"url":"\/32.1-162.18\/"},{"id":73953,"section_number":"37.2-805.1","catch_line":"Admission of incapacitated persons pursuant to advance directives or by guardians","order_by":null,"url":"\/37.2-805.1\/"},{"id":76802,"section_number":"54.1-2970.1","catch_line":"Individual incapable of making informed decision; procedure for physical evidence recovery kit examination; consent by minors","order_by":null,"url":"\/54.1-2970.1\/"},{"id":65220,"section_number":"54.1-2986","catch_line":"Procedure in absence of an advance directive; procedure for advance directive without agent; no presumption; persons who may authorize health care for patients incapable of informed decisions","order_by":null,"url":"\/54.1-2986\/"},{"id":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"},{"id":73897,"section_number":"8.01-622.1","catch_line":"Injunction against assisted suicide; damages; professional sanctions","order_by":null,"url":"\/8.01-622.1\/"}],"refers_to":[{"id":80727,"section_number":"32.1-123","catch_line":"(Effective January 1, 2026) Definitions","order_by":null,"url":"\/32.1-123\/"},{"id":75042,"section_number":"32.1-124","catch_line":"Exemptions","order_by":null,"url":"\/32.1-124\/"},{"id":72836,"section_number":"32.1-291.1","catch_line":"Revised Uniform Anatomical Gift Act; short title","order_by":null,"url":"\/32.1-291.1\/"},{"id":57814,"section_number":"54.1-2971.01","catch_line":"Prescription in excess of recommended dosage in certain cases","order_by":null,"url":"\/54.1-2971.01\/"},{"id":57295,"section_number":"54.1-2983","catch_line":"Procedure for making advance directive; notice to physician","order_by":null,"url":"\/54.1-2983\/"},{"id":61456,"section_number":"54.1-2987.1","catch_line":"Durable Do Not Resuscitate Orders","order_by":null,"url":"\/54.1-2987.1\/"},{"id":78436,"section_number":"54.1-2988","catch_line":"Immunity from liability; burden of proof; presumption","order_by":null,"url":"\/54.1-2988\/"},{"id":75997,"section_number":"54.1-2989","catch_line":"Willful destruction, concealment, etc., of declaration or revocation; penalties","order_by":null,"url":"\/54.1-2989\/"},{"id":78993,"section_number":"54.1-2991","catch_line":"Effect of declaration; suicide; insurance; declarations executed prior to effective date","order_by":null,"url":"\/54.1-2991\/"},{"id":54819,"section_number":"54.1-3000","catch_line":"Definitions","order_by":null,"url":"\/54.1-3000\/"},{"id":82403,"section_number":"54.1-3408.1","catch_line":"Prescription in excess of recommended dosage in certain cases","order_by":null,"url":"\/54.1-3408.1\/"},{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"}],"permalink":{"id":242585,"object_type":"law","relational_id":56308,"identifier":"54.1-2982","token":"54.1\/III\/29\/8\/54.1-2982","url":"\/54.1-2982\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2982\/","token":"54.1\/III\/29\/8\/54.1-2982","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2982","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this article:\n\t\t“Advance directive” means (i) a witnessed written document, voluntarily executed by the declarant<\/span> in accordance with the requirements of \u00a7 54.1-2983<\/a> or (ii) a witnessed oral statement, made by the declarant<\/span> subsequent to the time he is diagnosed as suffering from a terminal condition<\/span> and in accordance with the provisions of \u00a7 54.1-2983<\/a>.\n\t\t“Agent<\/span>” means an adult appointed by the declarant<\/span> under an advance directive, executed or made in accordance with the provisions of \u00a7 54.1-2983<\/a>, to make health care<\/span> decisions for him. The declarant<\/span> may also appoint an adult to make, after the declarant<\/span>’s death, an anatomical gift of all or any part of his body pursuant to Article 2 (\u00a7 32.1-291.1<\/a> et seq.) of Chapter 8 of Title 32.1.\n\t\t“Attending physician<\/span>” means the primary physician who has responsibility for the health care<\/span> of the patient.\n\t\t“Capacity reviewer<\/span>” means a licensed physician or clinical psychologist who is qualified by training or experience to assess whether a person is capable or incapable of making an informed decision<\/span>.\n\t\t“Declarant<\/span>” means an adult who makes an advance directive, as defined in this article, while capable of making and communicating an informed decision.\n\t\t“Durable Do Not Resuscitate Order<\/span>” means a written physician’s order issued pursuant to \u00a7 54.1-2987.1<\/a> to withhold cardiopulmonary resuscitation from a particular patient in the event of cardiac or respiratory arrest<\/span>. For purposes of this article, cardiopulmonary resuscitation shall include cardiac compression, endotracheal intubation and other advanced airway management, artificial ventilation, and defibrillation and related procedures. As the terms “advance directive” and “Durable Do Not Resuscitate Order<\/span>” are used in this article, a Durable Do Not Resuscitate Order<\/span> is not and shall not be construed as an advance directive.\n\t\t“Health care<\/span>” means the furnishing of services to any individual for the purpose of preventing, alleviating, curing, or healing human illness, injury or physical disability, including but not limited to, medications; surgery; blood transfusions; chemotherapy; radiation therapy; admission to a hospital, nursing home, assisted living facility, or other health care<\/span> facility; psychiatric or other mental health treatment<\/span>; and life-prolonging procedures<\/span> and palliative care.\n\t\t“Health care<\/span> provider” shall have the same meaning as provided in \u00a7 8.01-581.1<\/a>.\n\t\t“Incapable of making an informed decision<\/span>” means the inability of an adult patient, because of mental illness, intellectual disability, or any other mental or physical disorder that precludes communication or impairs judgment<\/span>, to make an informed decision about providing, continuing, withholding or withdrawing a specific health care<\/span> treatment or course of treatment because he is unable to understand the nature, extent or probable consequences of the proposed health care<\/span> decision, or to make a rational evaluation of the risks and benefits of alternatives to that decision. For purposes of this article, persons who are deaf, dysphasic or have other communication disorders, who are otherwise mentally competent and able to communicate by means other than speech, shall not be considered incapable of making an informed decision<\/span>.\n\t\t“Life-prolonging procedure<\/span>” means any medical procedure, treatment or intervention which (i) utilizes mechanical or other artificial means to sustain<\/span>, restore or supplant a spontaneous vital function, or is otherwise of such a nature as to afford a patient no reasonable expectation of recovery from a terminal condition<\/span> and (ii) when applied to a patient in a terminal condition<\/span>, would serve only to prolong the dying process. The term includes artificially administered hydration and nutrition. However, nothing in this act shall prohibit the administration of medication or the performance of any medical procedure deemed necessary to provide comfort care or to alleviate pain, including the administration of pain relieving medications in excess of recommended dosages in accordance with \u00a7\u00a7 54.1-2971.01<\/a> and 54.1-3408.1<\/a>. For purposes of \u00a7\u00a7 54.1-2988<\/a>, 54.1-2989<\/a>, and 54.1-2991<\/a>, the term also shall include cardiopulmonary resuscitation.\n\t\t“Patient care consulting committee<\/span>” means a committee duly organized by a facility licensed to provide health care<\/span> under Title 32.1 or Title 37.2, or a hospital or nursing home as defined in \u00a7 32.1-123<\/a> owned or operated by an agency of the Commonwealth that is exempt from licensure pursuant to \u00a7 32.1-124<\/a>, to consult on health care<\/span> issues<\/span> only as authorized in this article. Each patient care consulting committee<\/span> shall consist of five individuals, including at least one physician, one person licensed or holding a multistate licensure privilege<\/span> under Chapter 30 (\u00a7 54.1-3000<\/a> et seq.) to practice professional nursing, and one individual responsible for the provision of social services to patients of the facility. At least one committee member shall have experience in clinical ethics and at least two committee members shall have no employment or contractual relationship with the facility or any involvement in the management, operations, or governance of the facility, other than serving on the patient care consulting committee<\/span>. A patient care consulting committee<\/span> may be organized as a subcommittee of a standing ethics or other committee established by the facility or may be a separate and distinct committee. Four members of the patient care consulting committee<\/span> shall constitute a quorum of the patient care consulting committee<\/span>.\n\t\t“Persistent vegetative state<\/span>” means a condition caused by injury, disease or illness in which a patient has suffered a loss of consciousness, with no behavioral evidence<\/span> of self-awareness or awareness of surroundings in a learned manner, other than reflex activity of muscles and nerves for low level conditioned response, and from which, to a reasonable degree of medical probability, there can be no recovery.\n\t\t“Physician” means a person licensed to practice medicine in the Commonwealth of Virginia or in the jurisdiction<\/span> where the health care<\/span> is to be rendered or withheld.\n\t\t“Qualified advance directive facilitator<\/span>” means a person who has successfully completed a training program approved by the Department of Health for providing assistance in completing and executing a written advance directive, including successful demonstration of competence in assisting a person in completing and executing a valid advance directive and successful passage of a written examination.\n\t\t“Terminal condition<\/span>” means a condition caused by injury, disease or illness from which, to a reasonable degree of medical probability a patient cannot recover and (i) the patient’s death is imminent or (ii) the patient is in a persistent vegetative state<\/span>.\n\t\t“Witness<\/span>” means any person over the age of 18, including a spouse or blood relative of the declarant<\/span>. Employees of health care<\/span> facilities and physician’s offices, who act in good faith, shall be permitted to serve as witnesses for purposes of this article.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 54.1-2982)\n\nAs used in this article:\n\t\t“Advance directive” means (i) a witnessed written document,\nvoluntarily executed by the declarant in accordance with the requirements of \u00a7\n54.1-2983 or (ii) a witnessed oral statement, made by the declarant subsequent\nto the time he is diagnosed as suffering from a terminal condition and in\naccordance with the provisions of \u00a7 54.1-2983.\n\t\t“Agent” means an adult appointed by the declarant under an advance\ndirective, executed or made in accordance with the provisions of \u00a7 54.1-2983,\nto make health care decisions for him. The declarant may also appoint an adult\nto make, after the declarant’s death, an anatomical gift of all or any\npart of his body pursuant to Article 2 (\u00a7 32.1-291.1 et seq.) of Chapter 8 of\nTitle 32.1.\n\t\t“Attending physician” means the primary physician who has\nresponsibility for the health care of the patient.\n\t\t“Capacity reviewer” means a licensed physician or clinical\npsychologist who is qualified by training or experience to assess whether a\nperson is capable or incapable of making an informed decision.\n\t\t“Declarant” means an adult who makes an advance directive, as\ndefined in this article, while capable of making and communicating an informed\ndecision.\n\t\t“Durable Do Not Resuscitate Order” means a written\nphysician’s order issued pursuant to \u00a7 54.1-2987.1 to withhold\ncardiopulmonary resuscitation from a particular patient in the event of cardiac\nor respiratory arrest. For purposes of this article, cardiopulmonary\nresuscitation shall include cardiac compression, endotracheal intubation and\nother advanced airway management, artificial ventilation, and defibrillation and\nrelated procedures. As the terms “advance directive” and\n“Durable Do Not Resuscitate Order” are used in this article, a\nDurable Do Not Resuscitate Order is not and shall not be construed as an advance\ndirective.\n\t\t“Health care” means the furnishing of services to any individual\nfor the purpose of preventing, alleviating, curing, or healing human illness,\ninjury or physical disability, including but not limited to, medications;\nsurgery; blood transfusions; chemotherapy; radiation therapy; admission to a\nhospital, nursing home, assisted living facility, or other health care facility;\npsychiatric or other mental health treatment; and life-prolonging procedures and\npalliative care.\n\t\t“Health care provider” shall have the same meaning as provided in\n\u00a7 8.01-581.1.\n\t\t“Incapable of making an informed decision” means the inability of\nan adult patient, because of mental illness, intellectual disability, or any\nother mental or physical disorder that precludes communication or impairs\njudgment, to make an informed decision about providing, continuing, withholding\nor withdrawing a specific health care treatment or course of treatment because\nhe is unable to understand the nature, extent or probable consequences of the\nproposed health care decision, or to make a rational evaluation of the risks and\nbenefits of alternatives to that decision. For purposes of this article, persons\nwho are deaf, dysphasic or have other communication disorders, who are otherwise\nmentally competent and able to communicate by means other than speech, shall not\nbe considered incapable of making an informed decision.\n\t\t“Life-prolonging procedure” means any medical procedure, treatment\nor intervention which (i) utilizes mechanical or other artificial means to\nsustain, restore or supplant a spontaneous vital function, or is otherwise of\nsuch a nature as to afford a patient no reasonable expectation of recovery from\na terminal condition and (ii) when applied to a patient in a terminal condition,\nwould serve only to prolong the dying process. The term includes artificially\nadministered hydration and nutrition. However, nothing in this act shall\nprohibit the administration of medication or the performance of any medical\nprocedure deemed necessary to provide comfort care or to alleviate pain,\nincluding the administration of pain relieving medications in excess of\nrecommended dosages in accordance with \u00a7\u00a7 54.1-2971.01 and 54.1-3408.1. For\npurposes of \u00a7\u00a7 54.1-2988, 54.1-2989, and 54.1-2991, the term also shall\ninclude cardiopulmonary resuscitation.\n\t\t“Patient care consulting committee” means a committee duly\norganized by a facility licensed to provide health care under Title 32.1 or\nTitle 37.2, or a hospital or nursing home as defined in \u00a7 32.1-123 owned or\noperated by an agency of the Commonwealth that is exempt from licensure pursuant\nto \u00a7 32.1-124, to consult on health care issues only as authorized in this\narticle. Each patient care consulting committee shall consist of five\nindividuals, including at least one physician, one person licensed or holding a\nmultistate licensure privilege under Chapter 30 (\u00a7 54.1-3000 et seq.) to\npractice professional nursing, and one individual responsible for the provision\nof social services to patients of the facility. At least one committee member\nshall have experience in clinical ethics and at least two committee members\nshall have no employment or contractual relationship with the facility or any\ninvolvement in the management, operations, or governance of the facility, other\nthan serving on the patient care consulting committee. A patient care consulting\ncommittee may be organized as a subcommittee of a standing ethics or other\ncommittee established by the facility or may be a separate and distinct\ncommittee. Four members of the patient care consulting committee shall\nconstitute a quorum of the patient care consulting committee.\n\t\t“Persistent vegetative state” means a condition caused by injury,\ndisease or illness in which a patient has suffered a loss of consciousness, with\nno behavioral evidence of self-awareness or awareness of surroundings in a\nlearned manner, other than reflex activity of muscles and nerves for low level\nconditioned response, and from which, to a reasonable degree of medical\nprobability, there can be no recovery.\n\t\t“Physician” means a person licensed to practice medicine in the\nCommonwealth of Virginia or in the jurisdiction where the health care is to be\nrendered or withheld.\n\t\t“Qualified advance directive facilitator” means a person who has\nsuccessfully completed a training program approved by the Department of Health\nfor providing assistance in completing and executing a written advance\ndirective, including successful demonstration of competence in assisting a\nperson in completing and executing a valid advance directive and successful\npassage of a written examination.\n\t\t“Terminal condition” means a condition caused by injury, disease\nor illness from which, to a reasonable degree of medical probability a patient\ncannot recover and (i) the patient’s death is imminent or (ii) the patient\nis in a persistent vegetative state.\n\t\t“Witness” means any person over the age of 18, including a spouse\nor blood relative of the declarant. Employees of health care facilities and\nphysician’s offices, who act in good faith, shall be permitted to serve as\nwitnesses for purposes of this article.\n\nHISTORY: 1983, c. 532, \u00a7 54-325.8:2; 1984, c. 79; 1988, c. 765; 1991, c. 583;\n1992, cc. 412, 748, 772; 1994, c. 956; 1997, c. 609; 1998, cc. 630, 803, 854;\n1999, c. 814; 2000, c. 1034; 2005, c. 186; 2007, cc. 92, 907; 2009, cc. 211,\n268; 2010, c. 792; 2012, cc. 476, 507; 2017, cc. 747, 752; 2021, Sp. Sess. I, c.\n465.","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}}