{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2988.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2988.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2988.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2988.html"}],"law_id":78436,"edition_id":1,"section_id":78436,"structure_id":14683,"section_number":"54.1-2988","catch_line":"Immunity from liability; burden of proof; presumption","history":"1983, c. 532, \u00a7 54-325.8:8; 1988, c. 765; 1992, cc. 412, 748, 772; 1998, cc. 803, 854; 1999, c. 814; 2000, cc. 590, 598; 2009, cc. 211, 268; 2010, c. 792; 2017, cc. 747, 752.","full_text":"A health care facility, physician or other person acting under the direction of a physician shall not be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct as a result of issuing a Durable Do Not Resuscitate Order or the providing, continuing, withholding or the withdrawal of health care under authorization or consent obtained in accordance with this article or as the result of the provision, withholding or withdrawal of ongoing health care in accordance with \u00a7 54.1-2990. No person or facility providing, continuing, withholding or withdrawing health care or physician issuing a Durable Do Not Resuscitate Order under authorization or consent obtained pursuant to this article or otherwise in accordance with \u00a7 54.1-2990 shall incur liability arising out of a claim to the extent the claim is based on lack of authorization or consent for such action.\n\t\tAny agent or person identified in \u00a7 54.1-2986 who authorizes or consents to the providing, continuing, withholding or withdrawal of health care in accordance with this article shall not be subject, solely on the basis of that authorization or consent, to (i) criminal prosecution or civil liability for such action or (ii) liability for the cost of health care.\n\t\tNo individual serving on a facility’s patient care consulting committee as defined in this article and no physician rendering a determination or affirmation in cases in which no patient care consulting committee exists shall be subject to criminal prosecution or civil liability for any act or omission done or made in good faith in the performance of such functions.\n\t\tThe provisions of this section shall apply unless it is shown by a preponderance of the evidence that the person authorizing or effectuating the providing, continuing, withholding or withdrawal of health care, or issuing, consenting to, making or following a Durable Do Not Resuscitate Order in accordance with \u00a7 54.1-2987.1 did not, in good faith, comply with the provisions of this article.\n\t\tAn advance directive or Durable Do Not Resuscitate Order made, consented to or issued in accordance with this article shall be presumed to have been made, consented to, or issued voluntarily and in good faith by an adult who is capable of making an informed decision, physician or person authorized to consent on the patient’s behalf.","order_by":null,"text":{"0":{"id":281110,"text":"A health care facility, physician or other person acting under the direction of a physician shall not be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct as a result of issuing a Durable Do Not Resuscitate Order or the providing, continuing, withholding or the withdrawal of health care under authorization or consent obtained in accordance with this article or as the result of the provision, withholding or withdrawal of ongoing health care in accordance with \u00a7 54.1-2990. No person or facility providing, continuing, withholding or withdrawing health care or physician issuing a Durable Do Not Resuscitate Order under authorization or consent obtained pursuant to this article or otherwise in accordance with \u00a7 54.1-2990 shall incur liability arising out of a claim to the extent the claim is based on lack of authorization or consent for such action.\n\t\tAny agent or person identified in \u00a7 54.1-2986 who authorizes or consents to the providing, continuing, withholding or withdrawal of health care in accordance with this article shall not be subject, solely on the basis of that authorization or consent, to (i) criminal prosecution or civil liability for such action or (ii) liability for the cost of health care.\n\t\tNo individual serving on a facility’s patient care consulting committee as defined in this article and no physician rendering a determination or affirmation in cases in which no patient care consulting committee exists shall be subject to criminal prosecution or civil liability for any act or omission done or made in good faith in the performance of such functions.\n\t\tThe provisions of this section shall apply unless it is shown by a preponderance of the evidence that the person authorizing or effectuating the providing, continuing, withholding or withdrawal of health care, or issuing, consenting to, making or following a Durable Do Not Resuscitate Order in accordance with \u00a7 54.1-2987.1 did not, in good faith, comply with the provisions of this article.\n\t\tAn advance directive or Durable Do Not Resuscitate Order made, consented to or issued in accordance with this article shall be presumed to have been made, consented to, or issued voluntarily and in good faith by an adult who is capable of making an informed decision, physician or person authorized to consent on the patient’s behalf.","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; 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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2988\/","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 8 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 1988, chapter 765; in 1992, chapters 412, 748, and 772; in 1998, chapters 803<\/a> and 854<\/a>; in 1999, chapter 814<\/a>; in 2000, chapters 590<\/a> and 598<\/a>; in 2009, chapters 211<\/a> and 268<\/a>; in 2010, chapter 792<\/a>; in 2017, chapters 747<\/a> and 752<\/a>.<\/p>","references":[{"id":56308,"section_number":"54.1-2982","catch_line":"Definitions","order_by":null,"url":"\/54.1-2982\/"}],"refers_to":[{"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":61456,"section_number":"54.1-2987.1","catch_line":"Durable Do Not Resuscitate Orders","order_by":null,"url":"\/54.1-2987.1\/"},{"id":83098,"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","order_by":null,"url":"\/54.1-2990\/"}],"permalink":{"id":242637,"object_type":"law","relational_id":78436,"identifier":"54.1-2988","token":"54.1\/III\/29\/8\/54.1-2988","url":"\/54.1-2988\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2988\/","token":"54.1\/III\/29\/8\/54.1-2988","dublin_core":{"Title":"Immunity from liability; burden of proof; presumption","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2988","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A health care<\/span> facility, physician<\/span> or other person acting under the direction of a physician<\/span> shall not be subject to criminal prosecution<\/span> or civil liability or be deemed to have engaged in unprofessional conduct as a result of issuing a Durable Do Not Resuscitate Order<\/span> or the providing, continuing, withholding or the withdrawal of health care<\/span> under authorization or consent obtained in accordance with this article or as the result of the provision, withholding or withdrawal of ongoing health care<\/span> in accordance with \u00a7 54.1-2990<\/a>. No person or facility providing, continuing, withholding or withdrawing health care<\/span> or physician<\/span> issuing a Durable Do Not Resuscitate Order<\/span> under authorization or consent obtained pursuant to this article or otherwise in accordance with \u00a7 54.1-2990<\/a> shall incur liability arising out of a claim to the extent the claim is based on lack of authorization or consent for such action.\n\t\tAny agent<\/span> or person identified in \u00a7 54.1-2986<\/a> who authorizes or consents to the providing, continuing, withholding or withdrawal of health care<\/span> in accordance with this article shall not be subject, solely on the basis of that authorization or consent, to (i) criminal prosecution<\/span> or civil liability for such action or (ii) liability for the cost of health care<\/span>.\n\t\tNo individual serving on a facility’s patient care consulting committee<\/span> as defined in this article and no physician<\/span> rendering a determination or affirmation in cases in which no patient care consulting committee<\/span> exists shall be subject to criminal prosecution<\/span> or civil liability for any act or omission done or made in good faith in the performance of such functions.\n\t\tThe provisions of this section shall apply unless it is shown by a preponderance of the evidence<\/span> that the person authorizing or effectuating the providing, continuing, withholding or withdrawal of health care<\/span>, or issuing, consenting to, making or following a Durable Do Not Resuscitate Order<\/span> in accordance with \u00a7 54.1-2987.1<\/a> did not, in good faith, comply with the provisions of this article.\n\t\tAn advance directive<\/span> or Durable Do Not Resuscitate Order<\/span> made, consented to or issued in accordance with this article shall be presumed to have been made, consented to, or issued voluntarily and in good faith by an adult who is capable of making an informed decision, physician<\/span> or person authorized to consent on the patient’s behalf.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIMMUNITY FROM LIABILITY; BURDEN OF PROOF; PRESUMPTION (\u00a7 54.1-2988)\n\nA health care facility, physician or other person acting under the direction of\na physician shall not be subject to criminal prosecution or civil liability or\nbe deemed to have engaged in unprofessional conduct as a result of issuing a\nDurable Do Not Resuscitate Order or the providing, continuing, withholding or\nthe withdrawal of health care under authorization or consent obtained in\naccordance with this article or as the result of the provision, withholding or\nwithdrawal of ongoing health care in accordance with \u00a7 54.1-2990. No person or\nfacility providing, continuing, withholding or withdrawing health care or\nphysician issuing a Durable Do Not Resuscitate Order under authorization or\nconsent obtained pursuant to this article or otherwise in accordance with \u00a7\n54.1-2990 shall incur liability arising out of a claim to the extent the claim\nis based on lack of authorization or consent for such action.\n\t\tAny agent or person identified in \u00a7 54.1-2986 who authorizes or consents to\nthe providing, continuing, withholding or withdrawal of health care in\naccordance with this article shall not be subject, solely on the basis of that\nauthorization or consent, to (i) criminal prosecution or civil liability for\nsuch action or (ii) liability for the cost of health care.\n\t\tNo individual serving on a facility’s patient care consulting committee\nas defined in this article and no physician rendering a determination or\naffirmation in cases in which no patient care consulting committee exists shall\nbe subject to criminal prosecution or civil liability for any act or omission\ndone or made in good faith in the performance of such functions.\n\t\tThe provisions of this section shall apply unless it is shown by a\npreponderance of the evidence that the person authorizing or effectuating the\nproviding, continuing, withholding or withdrawal of health care, or issuing,\nconsenting to, making or following a Durable Do Not Resuscitate Order in\naccordance with \u00a7 54.1-2987.1 did not, in good faith, comply with the\nprovisions of this article.\n\t\tAn advance directive or Durable Do Not Resuscitate Order made, consented to or\nissued in accordance with this article shall be presumed to have been made,\nconsented to, or issued voluntarily and in good faith by an adult who is capable\nof making an informed decision, physician or person authorized to consent on the\npatient’s behalf.\n\nHISTORY: 1983, c. 532, \u00a7 54-325.8:8; 1988, c. 765; 1992, cc. 412, 748, 772;\n1998, cc. 803, 854; 1999, c. 814; 2000, cc. 590, 598; 2009, cc. 211, 268; 2010,\nc. 792; 2017, cc. 747, 752.","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}}