{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2987.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2987.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2987.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2987.1.html"}],"law_id":61456,"edition_id":1,"section_id":61456,"structure_id":14683,"section_number":"54.1-2987.1","catch_line":"Durable Do Not Resuscitate Orders","history":"1992, c. 412; 1994, c. 956; 1998, cc. 564, 628, 630, 803, 854; 1999, c. 814; 2009, cc. 211, 268, 549, 813, 840; 2010, c. 792; 2017, c. 179.","full_text":"A\n\nAs used in this section:\n\t\t\t“Health care provider” includes, but is not limited to, qualified emergency medical services personnel.\n\t\t\t“Person authorized to consent on the patient’s behalf” means any person authorized by law to consent on behalf of the patient incapable of making an informed decision or, in the case of a minor child, the parent or parents having custody of the child or the child’s legal guardian or as otherwise provided by law.B\n\nA Durable Do Not Resuscitate Order may be issued by a physician for his patient with whom he has a bona fide physician\/patient relationship as defined in the guidelines of the Board of Medicine, and only with the consent of the patient or, if the patient is a minor or is otherwise incapable of making an informed decision regarding consent for such an order, upon the request of and with the consent of the person authorized to consent on the patient’s behalf.C\n\nA Durable Do Not Resuscitate Order or other order regarding life-prolonging procedures executed in accordance with the laws of another state in which such order was executed shall be deemed to be valid for purposes of this article and shall be given effect as provided in this article.D\n\nIf a patient is able to, and does, express to a health care provider or practitioner the desire to be resuscitated in the event of cardiac or respiratory arrest, such expression shall revoke the provider’s or practitioner’s authority to follow a Durable Do Not Resuscitate Order. In no case shall any person other than the patient have authority to revoke a Durable Do Not Resuscitate Order executed upon the request of and with the consent of the patient himself.\n\t\t\tIf the patient is a minor or is otherwise incapable of making an informed decision and the Durable Do Not Resuscitate Order was issued upon the request of and with the consent of the person authorized to consent on the patient’s behalf, then the expression by said authorized person to a health care provider or practitioner of the desire that the patient be resuscitated shall so revoke the provider’s or practitioner’s authority to follow a Durable Do Not Resuscitate Order.\n\t\t\tWhen a Durable Do Not Resuscitate Order has been revoked as provided in this section, a new Order may be issued upon consent of the patient or the person authorized to consent on the patient’s behalf.E\n\nDurable Do Not Resuscitate Orders issued in accordance with this section or deemed valid in accordance with subsection C shall remain valid and in effect until revoked as provided in subsection D or until rescinded, in accordance with accepted medical practice, by the provider who issued the Durable Do Not Resuscitate Order. In accordance with this section and regulations promulgated by the Board of Health, (i) qualified emergency medical services personnel as defined in § 32.1-111.1; (ii) licensed health care practitioners in any facility, program or organization operated or licensed by the Board of Health, the Department of Social Services, or the Department of Behavioral Health and Developmental Services or operated, licensed or owned by another state agency; and (iii) licensed health care practitioners at any continuing care retirement community registered with the State Corporation Commission pursuant to Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2 are authorized to follow Durable Do Not Resuscitate Orders that are available to them in a form approved by the Board of Health or deemed valid in accordance with subsection C.F\n\nThe provisions of this section shall not authorize any qualified emergency medical services personnel or licensed health care provider or practitioner who is attending the patient at the time of cardiac or respiratory arrest to provide, continue, withhold or withdraw health care if such provider or practitioner knows that taking such action is protested by the patient incapable of making an informed decision. No person shall authorize providing, continuing, withholding or withdrawing health care pursuant to this section that such person knows, or upon reasonable inquiry ought to know, is contrary to the religious beliefs or basic values of a patient incapable of making an informed decision or the wishes of such patient fairly expressed when the patient was capable of making an informed decision. Further, this section shall not authorize the withholding of other medical interventions, such as intravenous fluids, oxygen or other therapies deemed necessary to provide comfort care or to alleviate pain.G\n\nThis section shall not prevent, prohibit or limit a physician from issuing a written order, other than a Durable Do Not Resuscitate Order, not to resuscitate a patient in the event of cardiac or respiratory arrest in accordance with accepted medical practice.H\n\nValid Do Not Resuscitate Orders or Emergency Medical Services Do Not Resuscitate Orders issued before July 1, 1999, pursuant to the then-current law, shall remain valid and shall be given effect as provided in this article.","order_by":null,"text":{"0":{"id":224484,"text":"As used in this section:\n\t\t\t“Health care provider” includes, but is not limited to, qualified emergency medical services personnel.\n\t\t\t“Person authorized to consent on the patient’s behalf” means any person authorized by law to consent on behalf of the patient incapable of making an informed decision or, in the case of a minor child, the parent or parents having custody of the child or the child’s legal guardian or as otherwise provided by law.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":224485,"text":"A Durable Do Not Resuscitate Order may be issued by a physician for his patient with whom he has a bona fide physician\/patient relationship as defined in the guidelines of the Board of Medicine, and only with the consent of the patient or, if the patient is a minor or is otherwise incapable of making an informed decision regarding consent for such an order, upon the request of and with the consent of the person authorized to consent on the patient’s behalf.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":224486,"text":"A Durable Do Not Resuscitate Order or other order regarding life-prolonging procedures executed in accordance with the laws of another state in which such order was executed shall be deemed to be valid for purposes of this article and shall be given effect as provided in this article.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":224487,"text":"If a patient is able to, and does, express to a health care provider or practitioner the desire to be resuscitated in the event of cardiac or respiratory arrest, such expression shall revoke the provider’s or practitioner’s authority to follow a Durable Do Not Resuscitate Order. In no case shall any person other than the patient have authority to revoke a Durable Do Not Resuscitate Order executed upon the request of and with the consent of the patient himself.\n\t\t\tIf the patient is a minor or is otherwise incapable of making an informed decision and the Durable Do Not Resuscitate Order was issued upon the request of and with the consent of the person authorized to consent on the patient’s behalf, then the expression by said authorized person to a health care provider or practitioner of the desire that the patient be resuscitated shall so revoke the provider’s or practitioner’s authority to follow a Durable Do Not Resuscitate Order.\n\t\t\tWhen a Durable Do Not Resuscitate Order has been revoked as provided in this section, a new Order may be issued upon consent of the patient or the person authorized to consent on the patient’s behalf.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":224488,"text":"Durable Do Not Resuscitate Orders issued in accordance with this section or deemed valid in accordance with subsection C shall remain valid and in effect until revoked as provided in subsection D or until rescinded, in accordance with accepted medical practice, by the provider who issued the Durable Do Not Resuscitate Order. In accordance with this section and regulations promulgated by the Board of Health, (i) qualified emergency medical services personnel as defined in § 32.1-111.1; (ii) licensed health care practitioners in any facility, program or organization operated or licensed by the Board of Health, the Department of Social Services, or the Department of Behavioral Health and Developmental Services or operated, licensed or owned by another state agency; and (iii) licensed health care practitioners at any continuing care retirement community registered with the State Corporation Commission pursuant to Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2 are authorized to follow Durable Do Not Resuscitate Orders that are available to them in a form approved by the Board of Health or deemed valid in accordance with subsection C.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":224489,"text":"The provisions of this section shall not authorize any qualified emergency medical services personnel or licensed health care provider or practitioner who is attending the patient at the time of cardiac or respiratory arrest to provide, continue, withhold or withdraw health care if such provider or practitioner knows that taking such action is protested by the patient incapable of making an informed decision. No person shall authorize providing, continuing, withholding or withdrawing health care pursuant to this section that such person knows, or upon reasonable inquiry ought to know, is contrary to the religious beliefs or basic values of a patient incapable of making an informed decision or the wishes of such patient fairly expressed when the patient was capable of making an informed decision. Further, this section shall not authorize the withholding of other medical interventions, such as intravenous fluids, oxygen or other therapies deemed necessary to provide comfort care or to alleviate pain.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":224490,"text":"This section shall not prevent, prohibit or limit a physician from issuing a written order, other than a Durable Do Not Resuscitate Order, not to resuscitate a patient in the event of cardiac or respiratory arrest in accordance with accepted medical practice.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":224491,"text":"Valid Do Not Resuscitate Orders or Emergency Medical Services Do Not Resuscitate Orders issued before July 1, 1999, pursuant to the then-current law, shall remain valid and shall be given effect as provided in this article.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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; notice to physician","url":"\/54.1-2983\/","token":"54.1\/III\/29\/8\/54.1-2983","metadata":false},{"id":61815,"structure_id":14683,"section_number":"54.1-2983.1","catch_line":"Participation in health care research","url":"\/54.1-2983.1\/","token":"54.1\/III\/29\/8\/54.1-2983.1","metadata":false},{"id":67924,"structure_id":14683,"section_number":"54.1-2983.2","catch_line":"Capacity; required determinations","url":"\/54.1-2983.2\/","token":"54.1\/III\/29\/8\/54.1-2983.2","metadata":false},{"id":56394,"structure_id":14683,"section_number":"54.1-2983.3","catch_line":"Exclusions and limitations of advance directives","url":"\/54.1-2983.3\/","token":"54.1\/III\/29\/8\/54.1-2983.3","metadata":false},{"id":62832,"structure_id":14683,"section_number":"54.1-2984","catch_line":"Suggested form of written advance directives","url":"\/54.1-2984\/","token":"54.1\/III\/29\/8\/54.1-2984","metadata":false},{"id":58882,"structure_id":14683,"section_number":"54.1-2985","catch_line":"Revocation of an advance directive","url":"\/54.1-2985\/","token":"54.1\/III\/29\/8\/54.1-2985","metadata":false},{"id":61746,"structure_id":14683,"section_number":"54.1-2985.1","catch_line":"Injunction; court-ordered health care","url":"\/54.1-2985.1\/","token":"54.1\/III\/29\/8\/54.1-2985.1","metadata":false},{"id":65220,"structure_id":14683,"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","url":"\/54.1-2986\/","token":"54.1\/III\/29\/8\/54.1-2986","metadata":false},{"id":79852,"structure_id":14683,"section_number":"54.1-2986.1","catch_line":"Duties and authority of agent or person identified in \u00a7 54.1-2986","url":"\/54.1-2986.1\/","token":"54.1\/III\/29\/8\/54.1-2986.1","metadata":false},{"id":73438,"structure_id":14683,"section_number":"54.1-2986.2","catch_line":"Health care decisions in the event of patient protest","url":"\/54.1-2986.2\/","token":"54.1\/III\/29\/8\/54.1-2986.2","metadata":false},{"id":70254,"structure_id":14683,"section_number":"54.1-2987","catch_line":"Transfer of patient by physician who refuses to comply with advance directive or health care decision","url":"\/54.1-2987\/","token":"54.1\/III\/29\/8\/54.1-2987","metadata":false},{"id":61456,"structure_id":14683,"section_number":"54.1-2987.1","catch_line":"Durable Do Not Resuscitate Orders","url":"\/54.1-2987.1\/","token":"54.1\/III\/29\/8\/54.1-2987.1","metadata":false},{"id":78436,"structure_id":14683,"section_number":"54.1-2988","catch_line":"Immunity from liability; 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; 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burden of proof; presumption","url":"\/54.1-2988\/","token":"54.1\/III\/29\/8\/54.1-2988","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2987.1\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 412 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 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1994, chapter 956<\/a>; in 1998, chapters 564<\/a>, 628<\/a>, 630<\/a>, 803<\/a>, and 854<\/a>; in 1999, chapter 814<\/a>; in 2009, chapters 211<\/a>, 268<\/a>, 549<\/a>, 813<\/a>, and 840<\/a>; in 2010, chapter 792<\/a>; in 2017, chapter 179<\/a>.<\/p>","references":[{"id":69056,"section_number":"32.1-111.4","catch_line":"Regulations; emergency medical services personnel and vehicles; response times; enforcement provisions; civil penalties","order_by":null,"url":"\/32.1-111.4\/"},{"id":74243,"section_number":"32.1-111.5","catch_line":"Certification and recertification of emergency medical services providers; appeals process","order_by":null,"url":"\/32.1-111.5\/"},{"id":83528,"section_number":"54.1-2901","catch_line":"Exceptions and exemptions generally","order_by":null,"url":"\/54.1-2901\/"},{"id":59523,"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","order_by":null,"url":"\/54.1-2972\/"},{"id":56308,"section_number":"54.1-2982","catch_line":"Definitions","order_by":null,"url":"\/54.1-2982\/"},{"id":78436,"section_number":"54.1-2988","catch_line":"Immunity from liability; burden of proof; presumption","order_by":null,"url":"\/54.1-2988\/"}],"refers_to":[{"id":74269,"section_number":"32.1-111.1","catch_line":"Definitions","order_by":null,"url":"\/32.1-111.1\/"},{"id":83470,"section_number":"38.2-4900","catch_line":"Definitions","order_by":null,"url":"\/38.2-4900\/"}],"permalink":{"id":242633,"object_type":"law","relational_id":61456,"identifier":"54.1-2987.1","token":"54.1\/III\/29\/8\/54.1-2987.1","url":"\/54.1-2987.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2987.1\/","token":"54.1\/III\/29\/8\/54.1-2987.1","dublin_core":{"Title":"Durable Do Not Resuscitate Orders","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2987.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Health care<\/span> provider” includes, but is not limited to, qualified emergency medical services personnel.\n\t\t\t“Person authorized to consent on the patient’s behalf” means any person authorized by law<\/span> to consent on behalf of the patient incapable of making an informed decision<\/span> or, in the case of a minor<\/span> child, the parent or parents having custody<\/span> of the child or the child’s legal guardian or as otherwise provided by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A Durable Do Not Resuscitate Order<\/span> may be issued by a physician<\/span> for his patient with whom he has a bona fide physician<\/span>\/patient relationship as defined in the guidelines of the Board<\/span> of Medicine, and only with the consent of the patient or, if the patient is a minor<\/span> or is otherwise incapable of making an informed decision<\/span> regarding consent for such an order, upon the request of and with the consent of the person authorized to consent on the patient’s behalf. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A Durable Do Not Resuscitate Order<\/span> or other order regarding life-prolonging procedures<\/span> executed in accordance with the laws<\/span> of another state in which such order was executed shall be deemed to be valid for purposes of this article and shall be given effect as provided in this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a patient is able to, and does, express to a health care<\/span> provider or practitioner the desire to be resuscitated in the event of cardiac or respiratory arrest<\/span>, such expression shall revoke the provider’s or practitioner’s authority to follow a Durable Do Not Resuscitate Order<\/span>. In no case shall any person other than the patient have authority to revoke a Durable Do Not Resuscitate Order<\/span> executed upon the request of and with the consent of the patient himself.\n\t\t\tIf the patient is a minor<\/span> or is otherwise incapable of making an informed decision<\/span> and the Durable Do Not Resuscitate Order<\/span> was issued upon the request of and with the consent of the person authorized to consent on the patient’s behalf, then the expression by said authorized person to a health care<\/span> provider or practitioner of the desire that the patient be resuscitated shall so revoke the provider’s or practitioner’s authority to follow a Durable Do Not Resuscitate Order<\/span>.\n\t\t\tWhen a Durable Do Not Resuscitate Order<\/span> has been revoked as provided in this section, a new Order may be issued upon consent of the patient or the person authorized to consent on the patient’s behalf. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Durable Do Not Resuscitate Orders<\/span> issued in accordance with this section or deemed valid in accordance with subsection C shall remain valid and in effect until revoked as provided in subsection D or until rescinded, in accordance with accepted medical practice, by the provider who issued the Durable Do Not Resuscitate Order<\/span>. In accordance with this section and regulations promulgated by the Board<\/span> of Health, (i) qualified emergency medical services personnel as defined in § 32.1-111.1<\/a>; (ii) licensed health care<\/span> practitioners in any facility, program or organization operated or licensed by the Board<\/span> of Health, the Department of Social Services, or the Department of Behavioral Health and Developmental Services or operated, licensed or owned by another state agency; and (iii) licensed health care<\/span> practitioners at any continuing care retirement community registered with the State Corporation Commission pursuant to Chapter 49 (§ 38.2-4900<\/a> et seq.) of Title 38.2 are authorized to follow Durable Do Not Resuscitate Orders<\/span> that are available to them in a form approved by the Board<\/span> of Health or deemed valid in accordance with subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The provisions of this section shall not authorize any qualified emergency medical services personnel or licensed health care<\/span> provider or practitioner who is attending the patient at the time of cardiac or respiratory arrest<\/span> to provide, continue, withhold or withdraw health care<\/span> if such provider or practitioner knows that taking such action is protested by the patient incapable of making an informed decision<\/span>. No person shall authorize providing, continuing, withholding or withdrawing health care<\/span> pursuant to this section that such person knows, or upon reasonable inquiry ought to know, is contrary to the religious beliefs or basic values of a patient incapable of making an informed decision<\/span> or the wishes of such patient fairly expressed when the patient was capable of making an informed decision. Further, this section shall not authorize the withholding of other medical interventions, such as intravenous fluids, oxygen or other therapies deemed necessary to provide comfort care or to alleviate pain. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> This section shall not prevent, prohibit or limit a physician<\/span> from issuing a written order, other than a Durable Do Not Resuscitate Order<\/span>, not to resuscitate a patient in the event of cardiac or respiratory arrest<\/span> in accordance with accepted medical practice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Valid Do Not Resuscitate Orders or Emergency Medical Services Do Not Resuscitate Orders issued before July 1, 1999, pursuant to the then-current law<\/span>, shall remain valid and shall be given effect as provided in this article. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDURABLE DO NOT RESUSCITATE ORDERS (\u00a7 54.1-2987.1)\n\nA. As used in this section:\n\t\t\t“Health care provider” includes, but is not limited to, qualified\nemergency medical services personnel.\n\t\t\t“Person authorized to consent on the patient’s behalf”\nmeans any person authorized by law to consent on behalf of the patient incapable\nof making an informed decision or, in the case of a minor child, the parent or\nparents having custody of the child or the child’s legal guardian or as\notherwise provided by law.\n\nB. A Durable Do Not Resuscitate Order may be issued by a physician for his\npatient with whom he has a bona fide physician\/patient relationship as defined\nin the guidelines of the Board of Medicine, and only with the consent of the\npatient or, if the patient is a minor or is otherwise incapable of making an\ninformed decision regarding consent for such an order, upon the request of and\nwith the consent of the person authorized to consent on the patient’s\nbehalf.\n\nC. A Durable Do Not Resuscitate Order or other order regarding life-prolonging\nprocedures executed in accordance with the laws of another state in which such\norder was executed shall be deemed to be valid for purposes of this article and\nshall be given effect as provided in this article.\n\nD. If a patient is able to, and does, express to a health care provider or\npractitioner the desire to be resuscitated in the event of cardiac or\nrespiratory arrest, such expression shall revoke the provider’s or\npractitioner’s authority to follow a Durable Do Not Resuscitate Order. In\nno case shall any person other than the patient have authority to revoke a\nDurable Do Not Resuscitate Order executed upon the request of and with the\nconsent of the patient himself.\n\t\t\tIf the patient is a minor or is otherwise incapable of making an informed\ndecision and the Durable Do Not Resuscitate Order was issued upon the request of\nand with the consent of the person authorized to consent on the patient’s\nbehalf, then the expression by said authorized person to a health care provider\nor practitioner of the desire that the patient be resuscitated shall so revoke\nthe provider’s or practitioner’s authority to follow a Durable Do\nNot Resuscitate Order.\n\t\t\tWhen a Durable Do Not Resuscitate Order has been revoked as provided in this\nsection, a new Order may be issued upon consent of the patient or the person\nauthorized to consent on the patient’s behalf.\n\nE. Durable Do Not Resuscitate Orders issued in accordance with this section or\ndeemed valid in accordance with subsection C shall remain valid and in effect\nuntil revoked as provided in subsection D or until rescinded, in accordance with\naccepted medical practice, by the provider who issued the Durable Do Not\nResuscitate Order. In accordance with this section and regulations promulgated\nby the Board of Health, (i) qualified emergency medical services personnel as\ndefined in § 32.1-111.1; (ii) licensed health care practitioners in any\nfacility, program or organization operated or licensed by the Board of Health,\nthe Department of Social Services, or the Department of Behavioral Health and\nDevelopmental Services or operated, licensed or owned by another state agency;\nand (iii) licensed health care practitioners at any continuing care retirement\ncommunity registered with the State Corporation Commission pursuant to Chapter\n49 (§ 38.2-4900 et seq.) of Title 38.2 are authorized to follow Durable Do\nNot Resuscitate Orders that are available to them in a form approved by the\nBoard of Health or deemed valid in accordance with subsection C.\n\nF. The provisions of this section shall not authorize any qualified emergency\nmedical services personnel or licensed health care provider or practitioner who\nis attending the patient at the time of cardiac or respiratory arrest to\nprovide, continue, withhold or withdraw health care if such provider or\npractitioner knows that taking such action is protested by the patient incapable\nof making an informed decision. No person shall authorize providing, continuing,\nwithholding or withdrawing health care pursuant to this section that such person\nknows, or upon reasonable inquiry ought to know, is contrary to the religious\nbeliefs or basic values of a patient incapable of making an informed decision or\nthe wishes of such patient fairly expressed when the patient was capable of\nmaking an informed decision. Further, this section shall not authorize the\nwithholding of other medical interventions, such as intravenous fluids, oxygen\nor other therapies deemed necessary to provide comfort care or to alleviate\npain.\n\nG. This section shall not prevent, prohibit or limit a physician from issuing a\nwritten order, other than a Durable Do Not Resuscitate Order, not to resuscitate\na patient in the event of cardiac or respiratory arrest in accordance with\naccepted medical practice.\n\nH. Valid Do Not Resuscitate Orders or Emergency Medical Services Do Not\nResuscitate Orders issued before July 1, 1999, pursuant to the then-current law,\nshall remain valid and shall be given effect as provided in this article.\n\nHISTORY: 1992, c. 412; 1994, c. 956; 1998, cc. 564, 628, 630, 803, 854; 1999, c.\n814; 2009, cc. 211, 268, 549, 813, 840; 2010, c. 792; 2017, c. 179.","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}}