<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>56308</law_id><section_number>54.1-2982</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>32.1-162.16</reference><reference>32.1-162.18</reference><reference>37.2-805.1</reference><reference>54.1-2970.1</reference><reference>54.1-2986</reference><reference>64.2-2000</reference><reference>8.01-622.1</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="54.1">Professions and Occupations</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Professions and Occupations Regulated by Boards Within the Department of Health Professions</unit><unit label="chapter" level="3" order_by="1" identifier="29">Medicine and Other Healing Arts</unit><unit label="article" level="4" order_by="1" identifier="8">Health Care Decisions Act</unit></structure><text>
						<section><p>As used in this article:
		&#x201C;Advance directive&#x201D; means (i) a witnessed written document, voluntarily executed by the <span class="dictionary">declarant</span> in accordance with the requirements of &#xA7;&#xA0;<a class="law" title="Procedure for making advance directive; notice to physician" href="/54.1-2983/">54.1-2983</a> or (ii) a witnessed oral statement, made by the <span class="dictionary">declarant</span> subsequent to the time he is diagnosed as suffering from a <span class="dictionary">terminal condition</span> and in accordance with the provisions of &#xA7;&#xA0;<a class="law" title="Procedure for making advance directive; notice to physician" href="/54.1-2983/">54.1-2983</a>.
		&#x201C;<span class="dictionary">Agent</span>&#x201D; means an adult appointed by the <span class="dictionary">declarant</span> under an advance directive, executed or made in accordance with the provisions of &#xA7;&#xA0;<a class="law" title="Procedure for making advance directive; notice to physician" href="/54.1-2983/">54.1-2983</a>, to make <span class="dictionary">health care</span> decisions for him. The <span class="dictionary">declarant</span> may also appoint an adult to make, after the <span class="dictionary">declarant</span>&#x2019;s death, an anatomical gift of all or any part of his body pursuant to Article 2 (&#xA7;&#xA0;<a class="law" title="Revised Uniform Anatomical Gift Act; short title" href="/32.1-291.1/">32.1-291.1</a> et seq.) of Chapter 8 of Title 32.1.
		&#x201C;<span class="dictionary">Attending physician</span>&#x201D; means the primary physician who has responsibility for the <span class="dictionary">health care</span> of the patient.
		&#x201C;<span class="dictionary">Capacity reviewer</span>&#x201D; means a licensed physician or clinical psychologist who is qualified by training or experience to assess whether a person is capable or <span class="dictionary">incapable of making an informed decision</span>.
		&#x201C;<span class="dictionary">Declarant</span>&#x201D; means an adult who makes an advance directive, as defined in this article, while capable of making and communicating an informed decision.
		&#x201C;<span class="dictionary">Durable Do Not Resuscitate Order</span>&#x201D; means a written physician&#x2019;s order issued pursuant to &#xA7;&#xA0;<a class="law" title="Durable Do Not Resuscitate Orders" href="/54.1-2987.1/">54.1-2987.1</a> to withhold cardiopulmonary resuscitation from a particular patient in the event of cardiac or respiratory <span class="dictionary">arrest</span>. For purposes of this article, cardiopulmonary resuscitation shall include cardiac compression, endotracheal intubation and other advanced airway management, artificial ventilation, and defibrillation and related procedures. As the terms &#x201C;advance directive&#x201D; and &#x201C;<span class="dictionary">Durable Do Not Resuscitate Order</span>&#x201D; are used in this article, a <span class="dictionary">Durable Do Not Resuscitate Order</span> is not and shall not be construed as an advance directive.
		&#x201C;<span class="dictionary">Health care</span>&#x201D; means the furnishing of services to any individual for the purpose of preventing, alleviating, curing, or healing human illness, injury or physical disability, including but not limited to, medications; surgery; blood transfusions; chemotherapy; radiation therapy; admission to a hospital, nursing home, assisted living facility, or other <span class="dictionary">health care</span> facility; psychiatric or other <span class="dictionary">mental health treatment</span>; and <span class="dictionary">life-prolonging procedures</span> and palliative care.
		&#x201C;<span class="dictionary">Health care</span> provider&#x201D; shall have the same meaning as provided in &#xA7;&#xA0;<a class="law" title="Definitions" href="/8.01-581.1/">8.01-581.1</a>.
		&#x201C;<span class="dictionary">Incapable of making an informed decision</span>&#x201D; means the inability of an adult patient, because of mental illness, intellectual disability, or any other mental or physical disorder that precludes communication or impairs <span class="dictionary">judgment</span>, to make an informed decision about providing, continuing, withholding or withdrawing a specific <span class="dictionary">health care</span> treatment or course of treatment because he is unable to understand the nature, extent or probable consequences of the proposed <span class="dictionary">health care</span> decision, or to make a rational evaluation of the risks and benefits of alternatives to that decision. For purposes of this article, persons who are deaf, dysphasic or have other communication disorders, who are otherwise mentally competent and able to communicate by means other than speech, shall not be considered <span class="dictionary">incapable of making an informed decision</span>.
		&#x201C;<span class="dictionary">Life-prolonging procedure</span>&#x201D; means any medical procedure, treatment or intervention which (i) utilizes mechanical or other artificial means to <span class="dictionary">sustain</span>, restore or supplant a spontaneous vital function, or is otherwise of such a nature as to afford a patient no reasonable expectation of recovery from a <span class="dictionary">terminal condition</span> and (ii) when applied to a patient in a <span class="dictionary">terminal condition</span>, would serve only to prolong the dying process. The term includes artificially administered hydration and nutrition. However, nothing in this act shall prohibit the administration of medication or the performance of any medical procedure deemed necessary to provide comfort care or to alleviate pain, including the administration of pain relieving medications in excess of recommended dosages in accordance with &#xA7;&#xA7;&#xA0;<a class="law" title="Prescription in excess of recommended dosage in certain cases" href="/54.1-2971.01/">54.1-2971.01</a> and <a class="law" title="Prescription in excess of recommended dosage in certain cases" href="/54.1-3408.1/">54.1-3408.1</a>. For purposes of &#xA7;&#xA7;&#xA0;<a class="law" title="Immunity from liability; burden of proof; presumption" href="/54.1-2988/">54.1-2988</a>, <a class="law" title="Willful destruction, concealment, etc., of declaration or revocation; penalties" href="/54.1-2989/">54.1-2989</a>, and <a class="law" title="Effect of declaration; suicide; insurance; declarations executed prior to effective date" href="/54.1-2991/">54.1-2991</a>, the term also shall include cardiopulmonary resuscitation.
		&#x201C;<span class="dictionary">Patient care consulting committee</span>&#x201D; means a committee duly organized by a facility licensed to provide <span class="dictionary">health care</span> under Title 32.1 or Title 37.2, or a hospital or nursing home as defined in &#xA7;&#xA0;<a class="law" title="(Effective January 1, 2026) Definitions" href="/32.1-123/">32.1-123</a> owned or operated by an agency of the Commonwealth that is exempt from licensure pursuant to &#xA7;&#xA0;<a class="law" title="Exemptions" href="/32.1-124/">32.1-124</a>, to consult on <span class="dictionary">health care</span> <span class="dictionary">issues</span> only as authorized in this article. Each <span class="dictionary">patient care consulting committee</span> shall consist of five individuals, including at least one physician, one person licensed or holding a multistate licensure <span class="dictionary">privilege</span> under Chapter 30 (&#xA7;&#xA0;<a class="law" title="Definitions" href="/54.1-3000/">54.1-3000</a> et seq.) to practice professional nursing, and one individual responsible for the provision of social services to patients of the facility. At least one committee member shall have experience in clinical ethics and at least two committee members shall have no employment or contractual relationship with the facility or any involvement in the management, operations, or governance of the facility, other than serving on the <span class="dictionary">patient care consulting committee</span>. A <span class="dictionary">patient care consulting committee</span> may be organized as a subcommittee of a standing ethics or other committee established by the facility or may be a separate and distinct committee. Four members of the <span class="dictionary">patient care consulting committee</span> shall constitute a quorum of the <span class="dictionary">patient care consulting committee</span>.
		&#x201C;<span class="dictionary">Persistent vegetative state</span>&#x201D; means a condition caused by injury, disease or illness in which a patient has suffered a loss of consciousness, with no behavioral <span class="dictionary">evidence</span> of self-awareness or awareness of surroundings in a learned manner, other than reflex activity of muscles and nerves for low level conditioned response, and from which, to a reasonable degree of medical probability, there can be no recovery.
		&#x201C;Physician&#x201D; means a person licensed to practice medicine in the Commonwealth of Virginia or in the <span class="dictionary">jurisdiction</span> where the <span class="dictionary">health care</span> is to be rendered or withheld.
		&#x201C;<span class="dictionary">Qualified advance directive facilitator</span>&#x201D; means a person who has successfully completed a training program approved by the Department of Health for providing assistance in completing and executing a written advance directive, including successful demonstration of competence in assisting a person in completing and executing a valid advance directive and successful passage of a written examination.
		&#x201C;<span class="dictionary">Terminal condition</span>&#x201D; means a condition caused by injury, disease or illness from which, to a reasonable degree of medical probability a patient cannot recover and (i) the patient&#x2019;s death is imminent or (ii) the patient is in a <span class="dictionary">persistent vegetative state</span>.
		&#x201C;<span class="dictionary">Witness</span>&#x201D; means any person over the age of 18, including a spouse or blood relative of the <span class="dictionary">declarant</span>. Employees of <span class="dictionary">health care</span> facilities and physician&#x2019;s offices, who act in good faith, shall be permitted to serve as witnesses for purposes of this article.</p></section></text><history>1983, c. 532, &#xA7; 54-325.8:2; 1984, c. 79; 1988, c. 765; 1991, c. 583; 1992, cc. 412, 748, 772; 1994, c. 956; 1997, c. 609; 1998, cc. 630, 803, 854; 1999, c. 814; 2000, c. 1034; 2005, c. 186; 2007, cc. 92, 907; 2009, cc. 211, 268; 2010, c. 792; 2012, cc. 476, 507; 2017, cc. 747, 752; 2021, Sp. Sess. I, c. 465.</history><metadata></metadata></law>
