{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2990.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2990.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2990.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2990.html"}],"law_id":83098,"edition_id":1,"section_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&#8217;s health care decision; mercy killing or euthanasia prohibited","history":"1983, c. 532, \u00a7 54-325.8:10; 1988, c. 765; 1992, cc. 748, 772; 1999, c. 814; 2000, cc. 590, 598; 2009, cc. 211, 268; 2018, cc. 368, 565.","full_text":"A\n\nAs used in this section:\n\t\t\t&#8220;Health care provider&#8221; has the same meaning as in &#xA7; 8.01-581.1.\n\t\t\t&#8220;Life-sustaining treatment&#8221; means any ongoing health care that utilizes mechanical or other artificial means to sustain, restore, or supplant a spontaneous vital function, including hydration, nutrition, maintenance medication, and cardiopulmonary resuscitation.B\n\nNothing in this article shall be construed to require a physician to prescribe or render health care to a patient that the physician determines to be medically or ethically inappropriate. A determination of the medical or ethical inappropriateness of proposed health care shall be based solely on the patient&#8217;s medical condition and not on the patient&#8217;s age or other demographic status, disability, or diagnosis of persistent vegetative state.\n\t\t\tIn cases in which a physician&#8217;s determination that proposed health care, including life-sustaining treatment, is medically or ethically inappropriate is contrary to the request of the patient, the terms of a patient&#8217;s advance directive, the decision of an agent or person authorized to make decisions pursuant to &#xA7; 54.1-2986, or a Durable Do Not Resuscitate Order, the physician or his designee shall document the physician&#8217;s determination in the patient&#8217;s medical record, make a reasonable effort to inform the patient or the patient&#8217;s agent or person with decision-making authority pursuant to &#xA7; 54.1-2986 of such determination and the reasons therefor in writing, and provide a copy of the hospital&#8217;s written policies regarding review of decisions regarding the medical or ethical appropriateness of proposed health care established pursuant to subdivision B 21 of &#xA7; 32.1-127.\n\t\t\tIf the conflict remains unresolved, the physician shall make a reasonable effort to transfer the patient to another physician or facility that is willing to comply with the request of the patient, the terms of the advance directive, the decision of an agent or person authorized to make decisions pursuant to &#xA7; 54.1-2986, or a Durable Do Not Resuscitate Order and shall cooperate in transferring the patient to the physician or facility identified. The physician shall provide the patient or his agent or person with decision-making authority pursuant to &#xA7; 54.1-2986 a reasonable time of not less than 14 days after the date on which the decision regarding the medical or ethical inappropriateness of the proposed treatment is documented in the patient&#8217;s medical record in accordance with the hospital&#8217;s written policy developed pursuant to subdivision B 21 of &#xA7; 32.1-127 to effect such transfer. During this period, (i) the physician shall continue to provide any life-sustaining treatment to the patient that is reasonably available to such physician, as requested by the patient or his agent or person with decision-making authority pursuant to &#xA7; 54.1-2986, and (ii) the hospital in which the patient is receiving life-sustaining treatment shall facilitate prompt access to the patient&#8217;s medical record pursuant to &#xA7; 32.1-127.1:03.\n\t\t\tIf, at the end of the 14-day period, the conflict remains unresolved despite compliance with the hospital&#8217;s written policy established pursuant to subdivision B 21 of &#xA7; 32.1-127 and the physician has been unable to identify another physician or facility willing to provide the care requested by the patient, the terms of the advance directive, or the decision of the agent or person authorized to make decisions pursuant to &#xA7; 54.1-2986 to which to transfer the patient despite reasonable efforts, the physician may cease to provide the treatment that the physician has determined to be medically or ethically inappropriate subject to the right of court review by any party. However, artificial nutrition and hydration may be withdrawn or withheld only if, on the basis of physician&#8217;s reasonable medical judgment, providing such artificial nutrition and hydration would (a) hasten the patient&#8217;s death, (b) be medically ineffective in prolonging life, or (c) be contrary to the clearly documented wishes of the patient, the terms of the patient&#8217;s advance directive, or the decision of an agent or person authorized to make decisions pursuant to &#xA7; 54.1-2986 regarding the withholding of artificial nutrition or hydration. In all cases, care directed toward the patient&#8217;s pain and comfort shall be provided.C\n\nNothing in this section shall require the provision of health care that the physician is physically or legally unable to provide or health care that the physician is physically or legally unable to provide without thereby denying the same health care to another patient.D\n\nNothing in this article shall be construed to condone, authorize, or approve mercy killing or euthanasia or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.E\n\nCompliance with the requirements of this section shall not be admissible to prove a violation of or compliance with the standard of care as set forth in &#xA7; 8.01-581.20.","order_by":null,"text":{"0":{"id":297806,"text":"As used in this section:\n\t\t\t&#8220;Health care provider&#8221; has the same meaning as in &#xA7; 8.01-581.1.\n\t\t\t&#8220;Life-sustaining treatment&#8221; means any ongoing health care that utilizes mechanical or other artificial means to sustain, restore, or supplant a spontaneous vital function, including hydration, nutrition, maintenance medication, and cardiopulmonary resuscitation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":297807,"text":"Nothing in this article shall be construed to require a physician to prescribe or render health care to a patient that the physician determines to be medically or ethically inappropriate. A determination of the medical or ethical inappropriateness of proposed health care shall be based solely on the patient&#8217;s medical condition and not on the patient&#8217;s age or other demographic status, disability, or diagnosis of persistent vegetative state.\n\t\t\tIn cases in which a physician&#8217;s determination that proposed health care, including life-sustaining treatment, is medically or ethically inappropriate is contrary to the request of the patient, the terms of a patient&#8217;s advance directive, the decision of an agent or person authorized to make decisions pursuant to &#xA7; 54.1-2986, or a Durable Do Not Resuscitate Order, the physician or his designee shall document the physician&#8217;s determination in the patient&#8217;s medical record, make a reasonable effort to inform the patient or the patient&#8217;s agent or person with decision-making authority pursuant to &#xA7; 54.1-2986 of such determination and the reasons therefor in writing, and provide a copy of the hospital&#8217;s written policies regarding review of decisions regarding the medical or ethical appropriateness of proposed health care established pursuant to subdivision B 21 of &#xA7; 32.1-127.\n\t\t\tIf the conflict remains unresolved, the physician shall make a reasonable effort to transfer the patient to another physician or facility that is willing to comply with the request of the patient, the terms of the advance directive, the decision of an agent or person authorized to make decisions pursuant to &#xA7; 54.1-2986, or a Durable Do Not Resuscitate Order and shall cooperate in transferring the patient to the physician or facility identified. The physician shall provide the patient or his agent or person with decision-making authority pursuant to &#xA7; 54.1-2986 a reasonable time of not less than 14 days after the date on which the decision regarding the medical or ethical inappropriateness of the proposed treatment is documented in the patient&#8217;s medical record in accordance with the hospital&#8217;s written policy developed pursuant to subdivision B 21 of &#xA7; 32.1-127 to effect such transfer. During this period, (i) the physician shall continue to provide any life-sustaining treatment to the patient that is reasonably available to such physician, as requested by the patient or his agent or person with decision-making authority pursuant to &#xA7; 54.1-2986, and (ii) the hospital in which the patient is receiving life-sustaining treatment shall facilitate prompt access to the patient&#8217;s medical record pursuant to &#xA7; 32.1-127.1:03.\n\t\t\tIf, at the end of the 14-day period, the conflict remains unresolved despite compliance with the hospital&#8217;s written policy established pursuant to subdivision B 21 of &#xA7; 32.1-127 and the physician has been unable to identify another physician or facility willing to provide the care requested by the patient, the terms of the advance directive, or the decision of the agent or person authorized to make decisions pursuant to &#xA7; 54.1-2986 to which to transfer the patient despite reasonable efforts, the physician may cease to provide the treatment that the physician has determined to be medically or ethically inappropriate subject to the right of court review by any party. However, artificial nutrition and hydration may be withdrawn or withheld only if, on the basis of physician&#8217;s reasonable medical judgment, providing such artificial nutrition and hydration would (a) hasten the patient&#8217;s death, (b) be medically ineffective in prolonging life, or (c) be contrary to the clearly documented wishes of the patient, the terms of the patient&#8217;s advance directive, or the decision of an agent or person authorized to make decisions pursuant to &#xA7; 54.1-2986 regarding the withholding of artificial nutrition or hydration. In all cases, care directed toward the patient&#8217;s pain and comfort shall be provided.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":297808,"text":"Nothing in this section shall require the provision of health care that the physician is physically or legally unable to provide or health care that the physician is physically or legally unable to provide without thereby denying the same health care to another patient.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":297809,"text":"Nothing in this article shall be construed to condone, authorize, or approve mercy killing or euthanasia or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":297810,"text":"Compliance with the requirements of this section shall not be admissible to prove a violation of or compliance with the standard of care as set forth in &#xA7; 8.01-581.20.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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; 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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2990\/","history_text":"<p>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 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 1988, chapter 765; in 1992, chapters 748 and 772; in 1999, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0814\">814<\/a>; in 2000, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0590\">590<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0598\">598<\/a>; in 2009, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0211\">211<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0268\">268<\/a>; in 2018, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0368\">368<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0565\">565<\/a>.<\/p>","references":[{"id":70254,"section_number":"54.1-2987","catch_line":"Transfer of patient by physician who refuses to comply with advance directive or health care decision","order_by":null,"url":"\/54.1-2987\/"},{"id":78436,"section_number":"54.1-2988","catch_line":"Immunity from liability; burden of proof; presumption","order_by":null,"url":"\/54.1-2988\/"},{"id":74741,"section_number":"54.1-2992","catch_line":"Preservation of existing rights","order_by":null,"url":"\/54.1-2992\/"}],"refers_to":[{"id":85883,"section_number":"32.1-127","catch_line":"(Effective January 1, 2026) Regulations","order_by":null,"url":"\/32.1-127\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"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":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"},{"id":75087,"section_number":"8.01-581.20","catch_line":"Standard of care in proceeding before medical malpractice review panel; expert testimony; determination of standard in action for damages","order_by":null,"url":"\/8.01-581.20\/"}],"permalink":{"id":242653,"object_type":"law","relational_id":83098,"identifier":"54.1-2990","token":"54.1\/III\/29\/8\/54.1-2990","url":"\/54.1-2990\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2990\/","token":"54.1\/III\/29\/8\/54.1-2990","dublin_core":{"Title":"Medically unnecessary health care not required; procedure when physician refuses to comply with an advance directive or a designated person&#8217;s health care decision; mercy killing or euthanasia prohibited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2990","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> As used in this section:\n\t\t\t&#8220;<span class=\"dictionary\">Health care provider<\/span>&#8221; has the same meaning as in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/8.01-581.1\/\">8.01-581.1<\/a>.\n\t\t\t&#8220;<span class=\"dictionary\">Life-sustaining treatment<\/span>&#8221; means any ongoing health care that utilizes mechanical or other artificial means to <span class=\"dictionary\">sustain<\/span>, restore, or supplant a spontaneous vital function, including hydration, nutrition, maintenance medication, and cardiopulmonary resuscitation. <a id=\"paragraph-297806\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2990\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Nothing in this article shall be construed to require a <span class=\"dictionary\">physician<\/span> to prescribe or render health care to a patient that the <span class=\"dictionary\">physician<\/span> determines to be medically or ethically inappropriate. A determination of the medical or ethical inappropriateness of proposed health care shall be based solely on the patient&#8217;s medical condition and not on the patient&#8217;s age or other demographic status, disability, or diagnosis of <span class=\"dictionary\">persistent vegetative state<\/span>.\n\t\t\tIn cases in which a <span class=\"dictionary\">physician<\/span>&#8217;s determination that proposed health care, including <span class=\"dictionary\">life-sustaining treatment<\/span>, is medically or ethically inappropriate is contrary to the request of the patient, the terms of a patient&#8217;s <span class=\"dictionary\">advance directive<\/span>, the decision of an <span class=\"dictionary\">agent<\/span> or person authorized to make decisions pursuant to &#xA7; <a class=\"law\" title=\"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\" href=\"\/54.1-2986\/\">54.1-2986<\/a>, or a <span class=\"dictionary\">Durable Do Not Resuscitate Order<\/span>, the <span class=\"dictionary\">physician<\/span> or his designee shall document the <span class=\"dictionary\">physician<\/span>&#8217;s determination in the patient&#8217;s medical record, make a reasonable effort to inform the patient or the patient&#8217;s <span class=\"dictionary\">agent<\/span> or person with decision-making authority pursuant to &#xA7; <a class=\"law\" title=\"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\" href=\"\/54.1-2986\/\">54.1-2986<\/a> of such determination and the reasons therefor in writing, and provide a copy of the hospital&#8217;s written policies regarding review of decisions regarding the medical or ethical appropriateness of proposed health care established pursuant to subdivision B 21 of &#xA7; <a class=\"law\" title=\"(Effective January 1, 2026) Regulations\" href=\"\/32.1-127\/\">32.1-127<\/a>.\n\t\t\tIf the conflict remains unresolved, the <span class=\"dictionary\">physician<\/span> shall make a reasonable effort to transfer the patient to another <span class=\"dictionary\">physician<\/span> or facility that is willing to comply with the request of the patient, the terms of the <span class=\"dictionary\">advance directive<\/span>, the decision of an <span class=\"dictionary\">agent<\/span> or person authorized to make decisions pursuant to &#xA7; <a class=\"law\" title=\"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\" href=\"\/54.1-2986\/\">54.1-2986<\/a>, or a <span class=\"dictionary\">Durable Do Not Resuscitate Order<\/span> and shall cooperate in transferring the patient to the <span class=\"dictionary\">physician<\/span> or facility identified. The <span class=\"dictionary\">physician<\/span> shall provide the patient or his <span class=\"dictionary\">agent<\/span> or person with decision-making authority pursuant to &#xA7; <a class=\"law\" title=\"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\" href=\"\/54.1-2986\/\">54.1-2986<\/a> a reasonable time of not less than 14 days after the date on which the decision regarding the medical or ethical inappropriateness of the proposed treatment is documented in the patient&#8217;s medical record in accordance with the hospital&#8217;s written policy developed pursuant to subdivision B 21 of &#xA7; <a class=\"law\" title=\"(Effective January 1, 2026) Regulations\" href=\"\/32.1-127\/\">32.1-127<\/a> to effect such transfer. During this period, (i) the <span class=\"dictionary\">physician<\/span> shall continue to provide any <span class=\"dictionary\">life-sustaining treatment<\/span> to the patient that is reasonably available to such <span class=\"dictionary\">physician<\/span>, as requested by the patient or his <span class=\"dictionary\">agent<\/span> or person with decision-making authority pursuant to &#xA7; <a class=\"law\" title=\"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\" href=\"\/54.1-2986\/\">54.1-2986<\/a>, and (ii) the hospital in which the patient is receiving <span class=\"dictionary\">life-sustaining treatment<\/span> shall facilitate prompt access to the patient&#8217;s medical record pursuant to &#xA7; <a class=\"law\" title=\"Health records privacy\" href=\"\/32.1-127.1_03\/\">32.1-127.1:03<\/a>.\n\t\t\tIf, at the end of the 14-day period, the conflict remains unresolved despite compliance with the hospital&#8217;s written policy established pursuant to subdivision B 21 of &#xA7; <a class=\"law\" title=\"(Effective January 1, 2026) Regulations\" href=\"\/32.1-127\/\">32.1-127<\/a> and the <span class=\"dictionary\">physician<\/span> has been unable to identify another <span class=\"dictionary\">physician<\/span> or facility willing to provide the care requested by the patient, the terms of the <span class=\"dictionary\">advance directive<\/span>, or the decision of the <span class=\"dictionary\">agent<\/span> or person authorized to make decisions pursuant to &#xA7; <a class=\"law\" title=\"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\" href=\"\/54.1-2986\/\">54.1-2986<\/a> to which to transfer the patient despite reasonable efforts, the <span class=\"dictionary\">physician<\/span> may cease to provide the treatment that the <span class=\"dictionary\">physician<\/span> has determined to be medically or ethically inappropriate subject to the right of <span class=\"dictionary\">court<\/span> review by any <span class=\"dictionary\">party<\/span>. However, artificial nutrition and hydration may be withdrawn or withheld only if, on the basis of <span class=\"dictionary\">physician<\/span>&#8217;s reasonable medical <span class=\"dictionary\">judgment<\/span>, providing such artificial nutrition and hydration would (a) hasten the patient&#8217;s death, (b) be medically ineffective in prolonging life, or (c) be contrary to the clearly documented wishes of the patient, the terms of the patient&#8217;s <span class=\"dictionary\">advance directive<\/span>, or the decision of an <span class=\"dictionary\">agent<\/span> or person authorized to make decisions pursuant to &#xA7; <a class=\"law\" title=\"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\" href=\"\/54.1-2986\/\">54.1-2986<\/a> regarding the withholding of artificial nutrition or hydration. In all cases, care directed toward the patient&#8217;s pain and comfort shall be provided. <a id=\"paragraph-297807\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2990\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Nothing in this section shall require the provision of health care that the <span class=\"dictionary\">physician<\/span> is physically or legally unable to provide or health care that the <span class=\"dictionary\">physician<\/span> is physically or legally unable to provide without thereby denying the same health care to another patient. <a id=\"paragraph-297808\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2990\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Nothing in this article shall be construed to condone, authorize, or approve mercy killing or euthanasia or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying. <a id=\"paragraph-297809\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2990\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Compliance with the requirements of this section shall not be <span class=\"dictionary\">admissible<\/span> to prove a violation of or compliance with the standard of care as set forth in &#xA7; <a class=\"law\" title=\"Standard of care in proceeding before medical malpractice review panel; expert testimony; determination of standard in action for damages\" href=\"\/8.01-581.20\/\">8.01-581.20<\/a>. <a id=\"paragraph-297810\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/54.1-2990\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nMEDICALLY UNNECESSARY HEALTH CARE NOT REQUIRED; PROCEDURE WHEN PHYSICIAN REFUSES\nTO COMPLY WITH AN ADVANCE DIRECTIVE OR A DESIGNATED PERSON&#8217;S HEALTH CARE\nDECISION; MERCY KILLING OR EUTHANASIA PROHIBITED (\u00a7 54.1-2990)\n\nA. As used in this section:\n\t\t\t&#8220;Health care provider&#8221; has the same meaning as in &#xA7;\n8.01-581.1.\n\t\t\t&#8220;Life-sustaining treatment&#8221; means any ongoing health care that\nutilizes mechanical or other artificial means to sustain, restore, or supplant a\nspontaneous vital function, including hydration, nutrition, maintenance\nmedication, and cardiopulmonary resuscitation.\n\nB. Nothing in this article shall be construed to require a physician to\nprescribe or render health care to a patient that the physician determines to be\nmedically or ethically inappropriate. A determination of the medical or ethical\ninappropriateness of proposed health care shall be based solely on the\npatient&#8217;s medical condition and not on the patient&#8217;s age or other\ndemographic status, disability, or diagnosis of persistent vegetative state.\n\t\t\tIn cases in which a physician&#8217;s determination that proposed health\ncare, including life-sustaining treatment, is medically or ethically\ninappropriate is contrary to the request of the patient, the terms of a\npatient&#8217;s advance directive, the decision of an agent or person authorized\nto make decisions pursuant to &#xA7; 54.1-2986, or a Durable Do Not Resuscitate\nOrder, the physician or his designee shall document the physician&#8217;s\ndetermination in the patient&#8217;s medical record, make a reasonable effort to\ninform the patient or the patient&#8217;s agent or person with decision-making\nauthority pursuant to &#xA7; 54.1-2986 of such determination and the reasons\ntherefor in writing, and provide a copy of the hospital&#8217;s written policies\nregarding review of decisions regarding the medical or ethical appropriateness\nof proposed health care established pursuant to subdivision B 21 of &#xA7;\n32.1-127.\n\t\t\tIf the conflict remains unresolved, the physician shall make a reasonable\neffort to transfer the patient to another physician or facility that is willing\nto comply with the request of the patient, the terms of the advance directive,\nthe decision of an agent or person authorized to make decisions pursuant to\n&#xA7; 54.1-2986, or a Durable Do Not Resuscitate Order and shall cooperate in\ntransferring the patient to the physician or facility identified. The physician\nshall provide the patient or his agent or person with decision-making authority\npursuant to &#xA7; 54.1-2986 a reasonable time of not less than 14 days after\nthe date on which the decision regarding the medical or ethical\ninappropriateness of the proposed treatment is documented in the patient&#8217;s\nmedical record in accordance with the hospital&#8217;s written policy developed\npursuant to subdivision B 21 of &#xA7; 32.1-127 to effect such transfer. During\nthis period, (i) the physician shall continue to provide any life-sustaining\ntreatment to the patient that is reasonably available to such physician, as\nrequested by the patient or his agent or person with decision-making authority\npursuant to &#xA7; 54.1-2986, and (ii) the hospital in which the patient is\nreceiving life-sustaining treatment shall facilitate prompt access to the\npatient&#8217;s medical record pursuant to &#xA7; 32.1-127.1:03.\n\t\t\tIf, at the end of the 14-day period, the conflict remains unresolved despite\ncompliance with the hospital&#8217;s written policy established pursuant to\nsubdivision B 21 of &#xA7; 32.1-127 and the physician has been unable to\nidentify another physician or facility willing to provide the care requested by\nthe patient, the terms of the advance directive, or the decision of the agent or\nperson authorized to make decisions pursuant to &#xA7; 54.1-2986 to which to\ntransfer the patient despite reasonable efforts, the physician may cease to\nprovide the treatment that the physician has determined to be medically or\nethically inappropriate subject to the right of court review by any party.\nHowever, artificial nutrition and hydration may be withdrawn or withheld only\nif, on the basis of physician&#8217;s reasonable medical judgment, providing\nsuch artificial nutrition and hydration would (a) hasten the patient&#8217;s\ndeath, (b) be medically ineffective in prolonging life, or (c) be contrary to\nthe clearly documented wishes of the patient, the terms of the patient&#8217;s\nadvance directive, or the decision of an agent or person authorized to make\ndecisions pursuant to &#xA7; 54.1-2986 regarding the withholding of artificial\nnutrition or hydration. In all cases, care directed toward the patient&#8217;s\npain and comfort shall be provided.\n\nC. Nothing in this section shall require the provision of health care that the\nphysician is physically or legally unable to provide or health care that the\nphysician is physically or legally unable to provide without thereby denying the\nsame health care to another patient.\n\nD. Nothing in this article shall be construed to condone, authorize, or approve\nmercy killing or euthanasia or to permit any affirmative or deliberate act or\nomission to end life other than to permit the natural process of dying.\n\nE. Compliance with the requirements of this section shall not be admissible to\nprove a violation of or compliance with the standard of care as set forth in\n&#xA7; 8.01-581.20.\n\nHISTORY: 1983, c. 532, \u00a7 54-325.8:10; 1988, c. 765; 1992, cc. 748, 772; 1999,\nc. 814; 2000, cc. 590, 598; 2009, cc. 211, 268; 2018, cc. 368, 565.","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}}