Virginia § 54.1-2983.3 Exclusions and limitations of advance directives

Virginia Statutes

§ 54.1-2983.3 — Exclusions and limitations of advance directives

Virginia § 54.1-2983.3

JurisdictionVirginia

Title 54.1PROFESSIONS AND OCCUPATIONS

Subtitle IIIPROFESSIONS AND OCCUPATIONS REGULATED BY BOARDS WITHIN THE DEPARTMENT OF HEALTH PROFESSIONS

Ch. 29MEDICINE AND OTHER HEALING ARTS

Art. 8HEALTH CARE DECISIONS ACT

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Bluebook

Va. Code Ann. § 54.1-2983.3 (2026).

Text

A.The absence of an advance directive by an adult patient shall not give rise to any presumption as to his intent to consent to or refuse any particular health care.

B.The provisions of this article shall not apply to authorization of nontherapeutic sterilization, abortion, or psychosurgery.

C.If any provision of a patient's advance directive conflicts with the authority conferred by any emergency custody, temporary detention, involuntary admission, and mandatory outpatient treatment order set forth in Chapter 8 (§ 37.2-800 et seq.) of Title 37.2 or by any other provision of law, the provisions of the patient's advance directive that create the conflict shall have no effect. However, a patient's advance directive shall otherwise be given full effect.

D.The provisions of this article

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A. The absence of an advance directive by an adult patient shall not give rise to any presumption as to his intent to consent to or refuse any particular health care.

B. The provisions of this article shall not apply to authorization of nontherapeutic sterilization, abortion, or psychosurgery.

C. If any provision of a patient's advance directive conflicts with the authority conferred by any emergency custody, temporary detention, involuntary admission, and mandatory outpatient treatment order set forth in Chapter 8 (§ 37.2-800 et seq.) of Title 37.2 or by any other provision of law, the provisions of the patient's advance directive that create the conflict shall have no effect. However, a patient's advance directive shall otherwise be given full effect.

D. The provisions of this article, if otherwise applicable, may be used to authorize admission of a patient to a facility, as defined in § 37.2-100, only if the admission is otherwise authorized under Chapter 8 (§ 37.2-800 et seq.) of Title 37.2.