                                 CODE OF VIRGINIA

INDIVIDUAL INCAPABLE OF MAKING INFORMED DECISION; PROCEDURE FOR PHYSICAL
EVIDENCE RECOVERY KIT EXAMINATION; CONSENT BY MINORS (§ 54.1-2970.1)

A. A licensed physician, a physician assistant, an advanced practice registered
nurse, or a registered nurse may perform a physical evidence recovery kit
examination for a person who is believed to be the victim of a sexual assault
and who is incapable of making an informed decision regarding consent to such
examination when:

   1. There is a need to conduct the examination before the victim is likely to
   be able to make an informed decision in order to preserve physical evidence of
   the alleged sexual assault from degradation;

   2. No legally authorized representative or other person authorized to consent
   to medical treatment on the individual&#8217;s behalf is reasonably available
   to provide consent within the time necessary to preserve physical evidence of
   the alleged sexual assault; and

   3. A capacity reviewer, as defined in &#xA7; 54.1-2982, provides written
   certification that, based upon a personal examination of the individual, the
   individual is incapable of making an informed decision regarding the physical
   evidence recovery kit examination and that, given the totality of the
   circumstances, the examination should be performed. The capacity reviewer who
   provides such written certification shall not be otherwise currently involved
   in the treatment of the person assessed, unless an independent capacity
   reviewer is not reasonably available.

A1. For purposes of this section, if a parent or guardian of a minor refuses to
consent to a physical evidence recovery kit examination of the minor, the minor
may consent.

B. Any physical evidence recovery kit examination performed pursuant to this
section shall be performed in accordance with the requirements of &#xA7;&#xA7;
19.2-11.2 and 19.2-165.1 and shall protect the alleged victim&#8217;s identity.

C. A licensed physician, a physician assistant, an advanced practice registered
nurse, or a registered nurse who exercises due care under the provisions of this
act shall not be liable for any act or omission related to performance of an
examination in accordance with this section.

HISTORY: 2013, cc. 441, 532; 2016, c. 251; 2023, c. 183.