                                 CODE OF VIRGINIA

DEFINITIONS (§ 8.01-581.1)

As used in this chapter:
		&#8220;Health care&#8221; means any act, professional services in nursing
homes, or treatment performed or furnished, or which should have been performed
or furnished, by any health care provider for, to, or on behalf of a patient
during the patient&#8217;s medical diagnosis, care, treatment or confinement.
		&#8220;Health care provider&#8221; means (i) a person, corporation, facility
or institution licensed by this Commonwealth to provide health care or
professional services as a physician or hospital, a dentist, a pharmacist, a
registered nurse or licensed practical nurse or a person who holds a multistate
privilege to practice such nursing under the Nurse Licensure Compact, an
advanced practice registered nurse, an optometrist, a podiatrist, a physician
assistant, a chiropractor, a physical therapist, a physical therapy assistant, a
clinical psychologist, a clinical social worker, a professional counselor, a
licensed marriage and family therapist, a licensed dental hygienist, a health
maintenance organization, or an emergency medical care attendant or technician
who provides services on a fee basis; (ii) a professional corporation, all of
whose shareholders or members are so licensed; (iii) a partnership, all of whose
partners are so licensed; (iv) a nursing home as defined in § 54.1-3100 except
those nursing institutions conducted by and for those who rely upon treatment by
spiritual means alone through prayer in accordance with a recognized church or
religious denomination; (v) a professional limited liability company comprised
of members as described in subdivision A 2 of § 13.1-1102; (vi) a corporation,
partnership, limited liability company or any other entity, except a
state-operated facility, which employs or engages a licensed health care
provider and which primarily renders health care services; or (vii) a director,
officer, employee, independent contractor, or agent of the persons or entities
referenced herein, acting within the course and scope of his employment or
engagement as related to health care or professional services.
		&#8220;Health maintenance organization&#8221; means any person licensed
pursuant to Chapter 43 (§ 38.2-4300 et seq.) of Title 38.2 who undertakes to
provide or arrange for one or more health care plans.
		&#8220;Hospital&#8221; means a public or private institution licensed pursuant
to Chapter 5 (§ 32.1-123 et seq.) of Title 32.1 or Article 2 (§ 37.2-403 et
seq.) of Chapter 4 of Title 37.2.
		&#8220;Impartial attorney&#8221; means an attorney who has not represented (i)
the claimant, his family, his partners, co-proprietors or his other business
interests; or (ii) the health care provider, his family, his partners,
co-proprietors or his other business interests.
		&#8220;Impartial health care provider&#8221; means a health care provider who
(i) has not examined, treated or been consulted regarding the claimant or his
family; (ii) does not anticipate examining, treating, or being consulted
regarding the claimant or his family; or (iii) has not been an employee, partner
or co-proprietor of the health care provider against whom the claim is asserted.
		&#8220;Malpractice&#8221; means any tort action or breach of contract action
for personal injuries or wrongful death, based on health care or professional
services rendered, or which should have been rendered, by a health care
provider, to a patient.
		&#8220;Patient&#8221; means any natural person who receives or should have
received health care from a licensed health care provider except those persons
who are given health care in an emergency situation which exempts the health
care provider from liability for his emergency services in accordance with §
8.01-225 or 44-146.23.
		&#8220;Physician&#8221; means a person licensed to practice medicine or
osteopathy in this Commonwealth pursuant to Chapter 29 (§ 54.1-2900 et seq.) of
Title 54.1.
		&#8220;Professional services in nursing homes&#8221; means services provided
in a nursing home, as that term is defined in clause (iv) of the definition of
health care provider in this section, by a health care provider related to
health care, staffing to provide patient care, psycho-social services, personal
hygiene, hydration, nutrition, fall assessments or interventions, patient
monitoring, prevention and treatment of medical conditions, diagnosis or
therapy.

HISTORY: Code 1950, § 8-911; 1976, c. 611; 1977, c. 617; 1981, c. 305; 1986,
cc. 227, 511; 1989, cc. 146, 730; 1991, cc. 455, 464; 1993, c. 268; 1994, cc.
114, 616, 651; 2001, c. 98; 2003, cc. 487, 492; 2005, cc. 482, 649, 692; 2006,
c. 638; 2008, cc. 121, 157, 169, 205; 2014, c. 89; 2015, cc. 295, 306; 2023, c.
183.