                                 CODE OF VIRGINIA

EMERGENCY CUSTODY ORDERS FOR ADULT PERSONS WHO ARE INCAPABLE OF MAKING AN
INFORMED DECISION AS A RESULT OF PHYSICAL INJURY OR ILLNESS (§ 37.2-1103)

A. Based upon the opinion of a licensed physician that an adult person is
incapable of making an informed decision as a result of a physical injury or
illness and that the medical standard of care indicates that testing,
observation, and treatment are necessary to prevent imminent and irreversible
harm, a magistrate may issue, for good cause shown, an emergency custody order
for the adult person to be taken into custody and transported to a hospital
emergency room for testing, observation, or treatment.

B. Prior to issuance of an emergency custody order pursuant to this section, the
magistrate shall ascertain that there is no legally authorized person available
to give consent to necessary treatment for the adult person and that the adult
person (i) is incapable of making an informed decision regarding obtaining
necessary treatment, (ii) has refused transport to obtain such necessary
treatment, (iii) has indicated an intention to resist such transport, and (iv)
is unlikely to become capable of making an informed decision regarding obtaining
necessary treatment within the time required for such decision.

C. An opinion by the licensed physician that an adult person is incapable of
making an informed decision as a result of physical injury or illness shall only
be rendered after the licensed physician has communicated electronically or
personally with the emergency medical services personnel on the scene and has
attempted to communicate electronically or personally with the adult person to
obtain information and medical data concerning the cause of the adult
person&#8217;s incapacity, has attempted to obtain consent from the adult
person, and has failed to obtain consent.

D. If there is a change in the person&#8217;s condition, the emergency medical
services personnel shall contact the licensed physician. If at any time the
licensed physician determines that a person subject to an order under this
subsection has become capable of making and communicating an informed decision,
the physician shall rely on the person&#8217;s decision on whether to consent to
further observation, testing, or treatment.

E. Upon reaching the emergency room, the person shall be evaluated by a licensed
physician. If the physician determines that the person meets the requirements of
&#xA7; 37.2-1104, the physician may apply for a temporary detention order
pursuant to that that section. If the physician determines that the person does
not meet the requirements of &#xA7; 37.2-1104, the person shall be released from
custody immediately. The person shall remain in custody until this evaluation is
performed, but in no event shall the period of custody under this section exceed
four hours.

F. The law-enforcement officer may lawfully go to or be sent beyond the
territorial limits of the county, city or town in which he serves to any point
in the Commonwealth for the purpose of executing an emergency custody order
pursuant to this section. Nothing herein shall preclude a law-enforcement
officer from obtaining emergency medical treatment or further medical evaluation
at any time for a person in his custody as provided in this section.

G. If an emergency custody order is not executed within four hours of its
issuance, the order shall be void and shall be returned unexecuted to the office
of the clerk of the issuing court or, if such office is not open, to any
magistrate serving the jurisdiction of the issuing court.

HISTORY: 1997, c. 921, § 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790;
2004, cc. 66, 104, 1014; 2005, c. 716; 2008, cc. 551, 691.