                                 CODE OF VIRGINIA

DEFINITIONS (§ 64.2-2100)

In this chapter:
		&#8220;Adult&#8221; means an individual who has attained 18 years of age.
		&#8220;Conservator&#8221; means a person appointed by the court to administer
the property of an adult, including a person appointed under Chapter 20 (§
64.2-2000 et seq.).
		&#8220;Conservatorship order&#8221; means an order appointing a conservator.
		&#8220;Court&#8221; means a court of competent jurisdiction as determined by
otherwise applicable Virginia law to establish, enforce, or modify a
guardianship or conservatorship order or an entity authorized under the law of
another state to establish, enforce, or modify a guardianship or conservatorship
order.
		&#8220;Guardian&#8221; means a person appointed by the court to make decisions
regarding the person of an adult, including a person appointed under Chapter 20
(§ 64.2-2000 et seq.).
		&#8220;Guardianship order&#8221; means an order appointing a guardian.
		&#8220;Guardianship proceeding&#8221; means a judicial proceeding in which an
order for the appointment of a guardian is sought or has been issued.
		&#8220;Incapacitated person&#8221; means an adult for whom a guardian has been
appointed.
		&#8220;Individually identifiable health information&#8221; means health
information, including demographic information, collected from an individual
that (i) is created or received by a health care provider, health plan,
employer, or health care clearinghouse and (ii) identifies the individual, or
there is a reasonable basis to believe that the information can be used to
identify the individual, and relates to (a) the past, present, or future
physical or mental health or condition of the individual, (b) the provision of
health care to the individual, or (c) the past, present, or future payment for
the provision of health care to the individual.
		&#8220;Party&#8221; means the respondent, petitioner, guardian, conservator,
or any other person allowed by the court to participate in a guardianship or
protective proceeding.
		&#8220;Person,&#8221; except in the term &#8220;incapacitated person&#8221; or
&#8220;protected person,&#8221; means an individual, corporation, business
trust, estate, trust, partnership, limited liability company, association, joint
venture, public corporation, government or governmental subdivision, agency, or
instrumentality, or any other legal or commercial entity.
		&#8220;Protected health information&#8221; means individually identifiable
health information that is (i) transmitted in electronic media, (ii) maintained
in electronic media, or (iii) transmitted or maintained in any other form or
medium. Protected health information excludes individually identifiable health
information in (a) education records covered by the Family Educational Rights
and Privacy Act (20 U.S.C. § 1232g); (b) records of any student who is 18 years
of age or older, or is attending a postsecondary school, that are made or
maintained by a physician, psychiatrist, psychologist, or other recognized
professional or paraprofessional acting in his professional or paraprofessional
capacity, or assisting in that capacity, and that are made, maintained, or used
only in connection with the provision of treatment to the student and are not
available to anyone other than persons providing such treatment, except that
such records may be personally reviewed by a physician or other appropriate
professional of the student&#8217;s choice; and (c) employment records held, in
its role as employer, by a health plan, health care clearinghouse, or health
care provider that transmits health information in electronic form.
		&#8220;Protected person&#8221; means an adult for whom a conservatorship order
has been issued.
		&#8220;Protective proceeding&#8221; means a judicial proceeding in which a
conservatorship order is sought or has been issued.
		&#8220;Record&#8221; means information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is retrievable in
perceivable form.
		&#8220;Respondent&#8221; means an adult for whom a conservatorship order or
the appointment of a guardian is sought.
		&#8220;State&#8221; means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized
Indian tribe, or any territory or insular possession subject to the jurisdiction
of the United States.

HISTORY: 2011, c. 518, § 37.2-1032; 2012, c. 614.