                                 CODE OF VIRGINIA

FILING OF DOCUMENTS WITH THE REGISTRY; REGULATIONS; FEES (§ 54.1-2995)

A. A person may submit any of the following documents and the revocations of
these documents to the Department of Health for filing in the Advance Health
Care Planning Registry established pursuant to this article:

   1. A health care power of attorney.

   2. An advance directive created pursuant to Article 8 (&#xA7; 54.1-2981 et
   seq.) or a subsequent act of the General Assembly.

   3. A declaration of an anatomical gift made pursuant to the Revised Uniform
   Anatomical Gift Act (&#xA7; 32.1-291.1 et seq.).

   4. Any other document that supports advance health care planning, including
   Durable Do Not Resuscitate Order or portable medical order forms.

B. The document may be submitted for filing only by the person who executed the
document or his legal representative or designee and shall be accompanied by any
fee required by the Department of Health.

C. All data and information contained in the registry shall remain confidential
and shall be exempt from the provisions of the Virginia Freedom of Information
Act (&#xA7; 2.2-3700 et seq.).

D. The Board of Health shall promulgate regulations to carry out the provisions
of this article, which shall include, but not be limited to (i) a determination
of who may access the registry, including physicians, other licensed health care
providers, the declarant, and his legal representative or designee; (ii) a means
of annually reminding registry users of which documents they have registered;
and (iii) fees for filing a document with the registry. Such fees shall not
exceed the direct costs associated with development and maintenance of the
registry and with the education of the public about the availability of the
registry, and shall be exempt from statewide indirect costs charged and
collected by the Department of Accounts. No fee shall be charged for the filing
of a document revoking any document previously filed with the registry.

HISTORY: 2008, cc. 301, 696; 2010, c. 16; 2014, c. 715; 2024, cc. 231, 274.