                                 CODE OF VIRGINIA

IMMUNITY FROM LIABILITY; BURDEN OF PROOF; PRESUMPTION (§ 54.1-2988)

A health care facility, physician or other person acting under the direction of
a physician shall not be subject to criminal prosecution or civil liability or
be deemed to have engaged in unprofessional conduct as a result of issuing a
Durable Do Not Resuscitate Order or the providing, continuing, withholding or
the withdrawal of health care under authorization or consent obtained in
accordance with this article or as the result of the provision, withholding or
withdrawal of ongoing health care in accordance with § 54.1-2990. No person or
facility providing, continuing, withholding or withdrawing health care or
physician issuing a Durable Do Not Resuscitate Order under authorization or
consent obtained pursuant to this article or otherwise in accordance with §
54.1-2990 shall incur liability arising out of a claim to the extent the claim
is based on lack of authorization or consent for such action.
		Any agent or person identified in § 54.1-2986 who authorizes or consents to
the providing, continuing, withholding or withdrawal of health care in
accordance with this article shall not be subject, solely on the basis of that
authorization or consent, to (i) criminal prosecution or civil liability for
such action or (ii) liability for the cost of health care.
		No individual serving on a facility&#8217;s patient care consulting committee
as defined in this article and no physician rendering a determination or
affirmation in cases in which no patient care consulting committee exists shall
be subject to criminal prosecution or civil liability for any act or omission
done or made in good faith in the performance of such functions.
		The provisions of this section shall apply unless it is shown by a
preponderance of the evidence that the person authorizing or effectuating the
providing, continuing, withholding or withdrawal of health care, or issuing,
consenting to, making or following a Durable Do Not Resuscitate Order in
accordance with § 54.1-2987.1 did not, in good faith, comply with the
provisions of this article.
		An advance directive or Durable Do Not Resuscitate Order made, consented to or
issued in accordance with this article shall be presumed to have been made,
consented to, or issued voluntarily and in good faith by an adult who is capable
of making an informed decision, physician or person authorized to consent on the
patient&#8217;s behalf.

HISTORY: 1983, c. 532, § 54-325.8:8; 1988, c. 765; 1992, cc. 412, 748, 772;
1998, cc. 803, 854; 1999, c. 814; 2000, cc. 590, 598; 2009, cc. 211, 268; 2010,
c. 792; 2017, cc. 747, 752.