{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-225.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-225.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-225.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-225.02.html"}],"law_id":54649,"edition_id":1,"section_id":54649,"structure_id":13673,"section_number":"8.01-225.02","catch_line":"Certain liability protection for health care providers during disasters","history":"2008, cc. 121, 157; 2022, c. 617.","full_text":"A\n\nIn the absence of gross negligence or willful misconduct, any health care provider who responds to a disaster shall not be liable for any injury or wrongful death of any person arising from the delivery or withholding of health care when (i) a local emergency, state of emergency, or public health emergency has been or is subsequently declared in response to such disaster, and (ii) the emergency and subsequent conditions caused a lack of resources, attributable to the disaster, rendering the health care provider unable to provide the level or manner of care that otherwise would have been required in the absence of the emergency and which resulted in the injury or wrongful death at issue.B\n\nFor purposes of this section:\n\t\t\t“Communicable disease of public health threat” has the same definition as provided in § 44-146.16.\n\t\t\t“Disaster” means any “disaster,” “emergency,” or “major disaster” as those terms are used and defined in § 44-146.16.\n\t\t\t“Health care provider” has the same definition as provided in § 8.01-581.1.\n\t\t\t“Local emergency” has the same definition as provided in § 44-146.16.\n\t\t\t“Public health emergency” has the same definition as provided in § 8.01-225.01.\n\t\t\t“Resource shortage” has the same definition as provided in § 44-146.16.\n\t\t\t“State of emergency” has the same definition as provided in § 44-146.16.","order_by":null,"text":{"0":{"id":200681,"text":"In the absence of gross negligence or willful misconduct, any health care provider who responds to a disaster shall not be liable for any injury or wrongful death of any person arising from the delivery or withholding of health care when (i) a local emergency, state of emergency, or public health emergency has been or is subsequently declared in response to such disaster, and (ii) the emergency and subsequent conditions caused a lack of resources, attributable to the disaster, rendering the health care provider unable to provide the level or manner of care that otherwise would have been required in the absence of the emergency and which resulted in the injury or wrongful death at issue.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":200682,"text":"For purposes of this section:\n\t\t\t“Communicable disease of public health threat” has the same definition as provided in § 44-146.16.\n\t\t\t“Disaster” means any “disaster,” “emergency,” or “major disaster” as those terms are used and defined in § 44-146.16.\n\t\t\t“Health care provider” has the same definition as provided in § 8.01-581.1.\n\t\t\t“Local emergency” has the same definition as provided in § 44-146.16.\n\t\t\t“Public health emergency” has the same definition as provided in § 8.01-225.01.\n\t\t\t“Resource shortage” has the same definition as provided in § 44-146.16.\n\t\t\t“State of emergency” has the same definition as provided in § 44-146.16.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13673,"edition_id":1,"name":"Miscellaneous Provisions","identifier":"21","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:45:31","date_modified":"2026-06-26 03:45:31","permalink":{"id":280429,"object_type":"structure","relational_id":13673,"identifier":"21","token":"8.01\/3\/21","url":"\/8.01\/3\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 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providers, assisted living facilities, and adult day centers during a disaster under specific circumstances","url":"\/8.01-225.03\/","token":"8.01\/3\/21\/8.01-225.03","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-225.02\/","history_text":"

This law was first created in 2008. The record of its establishment is cataloged in chapters 121<\/a> and 157<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2022, chapter 617<\/a>.<\/p>","references":false,"refers_to":[{"id":65984,"section_number":"44-146.16","catch_line":"Definitions","order_by":null,"url":"\/44-146.16\/"},{"id":86816,"section_number":"8.01-225.01","catch_line":"Certain immunity for health care providers during disasters under specific circumstances","order_by":null,"url":"\/8.01-225.01\/"},{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"}],"permalink":{"id":280515,"object_type":"law","relational_id":54649,"identifier":"8.01-225.02","token":"8.01\/3\/21\/8.01-225.02","url":"\/8.01-225.02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-225.02\/","token":"8.01\/3\/21\/8.01-225.02","dublin_core":{"Title":"Certain liability protection for health care providers during disasters","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-225.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In the absence of gross negligence<\/span> or willful misconduct, any health care provider who responds to a disaster<\/span> shall not be liable for any injury or wrongful death of any person<\/span> arising from the delivery or withholding of health care when (i) a local emergency, state of emergency, or public health emergency has been or is subsequently declared in response to such disaster<\/span>, and (ii) the emergency and subsequent conditions caused a lack of resources, attributable to the disaster<\/span>, rendering the health care provider unable to provide the level or manner of care that otherwise would have been required in the absence of the emergency and which resulted in the injury or wrongful death at issue<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For purposes of this section:\n\t\t\t“Communicable disease of public health threat” has the same definition as provided in § 44-146.16<\/a>.\n\t\t\t“Disaster” means any “disaster,” “emergency,” or “major disaster<\/span>” as those terms are used and defined in § 44-146.16<\/a>.\n\t\t\t“Health care provider” has the same definition as provided in § 8.01-581.1<\/a>.\n\t\t\t“Local emergency” has the same definition as provided in § 44-146.16<\/a>.\n\t\t\t“Public health emergency” has the same definition as provided in § 8.01-225.01<\/a>.\n\t\t\t“Resource shortage” has the same definition as provided in § 44-146.16<\/a>.\n\t\t\t“State of emergency” has the same definition as provided in § 44-146.16<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN LIABILITY PROTECTION FOR HEALTH CARE PROVIDERS DURING DISASTERS (\u00a7\n8.01-225.02)\n\nA. In the absence of gross negligence or willful misconduct, any health care\nprovider who responds to a disaster shall not be liable for any injury or\nwrongful death of any person arising from the delivery or withholding of health\ncare when (i) a local emergency, state of emergency, or public health emergency\nhas been or is subsequently declared in response to such disaster, and (ii) the\nemergency and subsequent conditions caused a lack of resources, attributable to\nthe disaster, rendering the health care provider unable to provide the level or\nmanner of care that otherwise would have been required in the absence of the\nemergency and which resulted in the injury or wrongful death at issue.\n\nB. For purposes of this section:\n\t\t\t“Communicable disease of public health threat” has the same\ndefinition as provided in § 44-146.16.\n\t\t\t“Disaster” means any “disaster,”\n“emergency,” or “major disaster” as those terms are used\nand defined in § 44-146.16.\n\t\t\t“Health care provider” has the same definition as provided in\n§ 8.01-581.1.\n\t\t\t“Local emergency” has the same definition as provided in §\n44-146.16.\n\t\t\t“Public health emergency” has the same definition as provided in\n§ 8.01-225.01.\n\t\t\t“Resource shortage” has the same definition as provided in §\n44-146.16.\n\t\t\t“State of emergency” has the same definition as provided in\n§ 44-146.16.\n\nHISTORY: 2008, cc. 121, 157; 2022, c. 617.","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}}