§ 54.1-2986. Procedure in absence of an advance directive; procedure foradvance directive without agent; no presumption; persons who may authorizehealth care for patients incapable of informed decisions.
A. Whenever a patient is determined to be incapable of making an informeddecision and (i) has not made an advance directive in accordance with thisarticle or (ii) has made an advance directive in accordance with this articlethat does not indicate his wishes with respect to the health care at issueand does not appoint an agent, the attending physician may, upon compliancewith the provisions of this section, provide, continue, withhold or withdrawhealth care upon the authorization of any of the following persons, in thespecified order of priority, if the physician is not aware of any available,willing and capable person in a higher class:
1. A guardian for the patient. This subdivision shall not be construed torequire such appointment in order that a health care decision can be madeunder this section; or
2. The patient's spouse except where a divorce action has been filed and thedivorce is not final; or
3. An adult child of the patient; or
4. A parent of the patient; or
5. An adult brother or sister of the patient; or
6. Any other relative of the patient in the descending order of bloodrelationship; or
7. Except in cases in which the proposed treatment recommendation involvesthe withholding or withdrawing of a life-prolonging procedure, any adult,except any director, employee, or agent of a health care provider currentlyinvolved in the care of the patient, who (i) has exhibited special care andconcern for the patient and (ii) is familiar with the patient's religiousbeliefs and basic values and any preferences previously expressed by thepatient regarding health care, to the extent that they are known. A quorum ofa patient care consulting committee as defined in § 54.1-2982 of the facilitywhere the patient is receiving health care or, if such patient careconsulting committee does not exist or if a quorum of such patient careconsulting committee is not reasonably available, two physicians who (a) arenot currently involved in the care of the patient, (b) are not employed bythe facility where the patient is receiving health care, and (c) do notpractice medicine in the same professional business entity as the attendingphysician shall determine whether a person meets these criteria and shalldocument the information relied upon in making such determination.
If two or more of the persons listed in the same class in subdivisions A 3through A 7 with equal decision-making priority inform the attendingphysician that they disagree as to a particular health care decision, theattending physician may rely on the authorization of a majority of thereasonably available members of that class.
B. Regardless of the absence of an advance directive, if the patient hasexpressed his intent to be an organ donor in any written document, no personnoted in this section shall revoke, or in any way hinder, such organ donation.
(1983, c. 532, § 54-325.8:6; 1988, c. 765; 1992, cc. 748, 772; 1999, c. 814;2000, c. 810; 2005, c. 716; 2009, cc. 211, 268; 2010, c. 792.)
§ 54.1-2986. Procedure in absence of an advance directive; procedure foradvance directive without agent; no presumption; persons who may authorizehealth care for patients incapable of informed decisions.
A. Whenever a patient is determined to be incapable of making an informeddecision and (i) has not made an advance directive in accordance with thisarticle or (ii) has made an advance directive in accordance with this articlethat does not indicate his wishes with respect to the health care at issueand does not appoint an agent, the attending physician may, upon compliancewith the provisions of this section, provide, continue, withhold or withdrawhealth care upon the authorization of any of the following persons, in thespecified order of priority, if the physician is not aware of any available,willing and capable person in a higher class:
1. A guardian for the patient. This subdivision shall not be construed torequire such appointment in order that a health care decision can be madeunder this section; or
2. The patient's spouse except where a divorce action has been filed and thedivorce is not final; or
3. An adult child of the patient; or
4. A parent of the patient; or
5. An adult brother or sister of the patient; or
6. Any other relative of the patient in the descending order of bloodrelationship; or
7. Except in cases in which the proposed treatment recommendation involvesthe withholding or withdrawing of a life-prolonging procedure, any adult,except any director, employee, or agent of a health care provider currentlyinvolved in the care of the patient, who (i) has exhibited special care andconcern for the patient and (ii) is familiar with the patient's religiousbeliefs and basic values and any preferences previously expressed by thepatient regarding health care, to the extent that they are known. A quorum ofa patient care consulting committee as defined in § 54.1-2982 of the facilitywhere the patient is receiving health care or, if such patient careconsulting committee does not exist or if a quorum of such patient careconsulting committee is not reasonably available, two physicians who (a) arenot currently involved in the care of the patient, (b) are not employed bythe facility where the patient is receiving health care, and (c) do notpractice medicine in the same professional business entity as the attendingphysician shall determine whether a person meets these criteria and shalldocument the information relied upon in making such determination.
If two or more of the persons listed in the same class in subdivisions A 3through A 7 with equal decision-making priority inform the attendingphysician that they disagree as to a particular health care decision, theattending physician may rely on the authorization of a majority of thereasonably available members of that class.
B. Regardless of the absence of an advance directive, if the patient hasexpressed his intent to be an organ donor in any written document, no personnoted in this section shall revoke, or in any way hinder, such organ donation.
(1983, c. 532, § 54-325.8:6; 1988, c. 765; 1992, cc. 748, 772; 1999, c. 814;2000, c. 810; 2005, c. 716; 2009, cc. 211, 268; 2010, c. 792.)
§ 54.1-2986. Procedure in absence of an advance directive; procedure foradvance directive without agent; no presumption; persons who may authorizehealth care for patients incapable of informed decisions.
A. Whenever a patient is determined to be incapable of making an informeddecision and (i) has not made an advance directive in accordance with thisarticle or (ii) has made an advance directive in accordance with this articlethat does not indicate his wishes with respect to the health care at issueand does not appoint an agent, the attending physician may, upon compliancewith the provisions of this section, provide, continue, withhold or withdrawhealth care upon the authorization of any of the following persons, in thespecified order of priority, if the physician is not aware of any available,willing and capable person in a higher class:
1. A guardian for the patient. This subdivision shall not be construed torequire such appointment in order that a health care decision can be madeunder this section; or
2. The patient's spouse except where a divorce action has been filed and thedivorce is not final; or
3. An adult child of the patient; or
4. A parent of the patient; or
5. An adult brother or sister of the patient; or
6. Any other relative of the patient in the descending order of bloodrelationship; or
7. Except in cases in which the proposed treatment recommendation involvesthe withholding or withdrawing of a life-prolonging procedure, any adult,except any director, employee, or agent of a health care provider currentlyinvolved in the care of the patient, who (i) has exhibited special care andconcern for the patient and (ii) is familiar with the patient's religiousbeliefs and basic values and any preferences previously expressed by thepatient regarding health care, to the extent that they are known. A quorum ofa patient care consulting committee as defined in § 54.1-2982 of the facilitywhere the patient is receiving health care or, if such patient careconsulting committee does not exist or if a quorum of such patient careconsulting committee is not reasonably available, two physicians who (a) arenot currently involved in the care of the patient, (b) are not employed bythe facility where the patient is receiving health care, and (c) do notpractice medicine in the same professional business entity as the attendingphysician shall determine whether a person meets these criteria and shalldocument the information relied upon in making such determination.
If two or more of the persons listed in the same class in subdivisions A 3through A 7 with equal decision-making priority inform the attendingphysician that they disagree as to a particular health care decision, theattending physician may rely on the authorization of a majority of thereasonably available members of that class.
B. Regardless of the absence of an advance directive, if the patient hasexpressed his intent to be an organ donor in any written document, no personnoted in this section shall revoke, or in any way hinder, such organ donation.
(1983, c. 532, § 54-325.8:6; 1988, c. 765; 1992, cc. 748, 772; 1999, c. 814;2000, c. 810; 2005, c. 716; 2009, cc. 211, 268; 2010, c. 792.)
