2006 Code of Virginia § 54.1-2982 - Definitions

54.1-2982. Definitions.

As used in this article:

"Advance directive" means (i) a witnessed written document, voluntarilyexecuted by the declarant in accordance with the requirements of 54.1-2983or (ii) a witnessed oral statement, made by the declarant subsequent to thetime he is diagnosed as suffering from a terminal condition and in accordancewith the provisions of 54.1-2983.

"Agent" means an adult appointed by the declarant under an advancedirective, executed or made in accordance with the provisions of 54.1-2983,to make health care decisions for him, including visitation, provided theadvance directive makes express provisions for visitation and subject tophysician orders and policies of the institution to which the declarant isadmitted. The declarant may also appoint an adult to make, after thedeclarant's death, an anatomical gift of all or any part of his body pursuantto Article 2 ( 32.1-289 et seq.) of Chapter 8 of Title 32.1.

"Attending physician" means the primary physician who has responsibilityfor the treatment and care of the patient.

"Declarant" means an adult who makes an advance directive, as defined inthis article, while capable of making and communicating an informed decision.

"Durable Do Not Resuscitate Order" means a written physician's order issuedpursuant to 54.1-2987.1 to withhold cardiopulmonary resuscitation from aparticular patient in the event of cardiac or respiratory arrest. Forpurposes of this article, cardiopulmonary resuscitation shall include cardiaccompression, endotracheal intubation and other advanced airway management,artificial ventilation, and defibrillation and related procedures. As theterms "advance directive" and "Durable Do Not Resuscitate Order" are usedin this article, a Durable Do Not Resuscitate Order is not and shall not beconstrued as an advance directive.

"Incapable of making an informed decision" means the inability of an adultpatient, because of mental illness, mental retardation, or any other mentalor physical disorder which precludes communication or impairs judgment andwhich has been diagnosed and certified in writing by his attending physicianand a second physician or licensed clinical psychologist after personalexamination of such patient, to make an informed decision about providing,withholding or withdrawing a specific medical treatment or course oftreatment because he is unable to understand the nature, extent or probableconsequences of the proposed medical decision, or to make a rationalevaluation of the risks and benefits of alternatives to that decision. Forpurposes of this article, persons who are deaf, dysphasic or have othercommunication disorders, who are otherwise mentally competent and able tocommunicate by means other than speech, shall not be considered incapable ofmaking an informed decision.

"Life-prolonging procedure" means any medical procedure, treatment orintervention which (i) utilizes mechanical or other artificial means tosustain, restore or supplant a spontaneous vital function, or is otherwise ofsuch a nature as to afford a patient no reasonable expectation of recoveryfrom a terminal condition and (ii) when applied to a patient in a terminalcondition, would serve only to prolong the dying process. The term includesartificially administered hydration and nutrition. However, nothing in thisact shall prohibit the administration of medication or the performance of anymedical procedure deemed necessary to provide comfort care or to alleviatepain, including the administration of pain relieving medications in excess ofrecommended dosages in accordance with 54.1-2971.01 and 54.1-3408.1. Forpurposes of 54.1-2988, 54.1-2989, and 54.1-2991, the term also shallinclude cardiopulmonary resuscitation.

"Persistent vegetative state" means a condition caused by injury, diseaseor illness in which a patient has suffered a loss of consciousness, with nobehavioral evidence of self-awareness or awareness of surroundings in alearned manner, other than reflex activity of muscles and nerves for lowlevel conditioned response, and from which, to a reasonable degree of medicalprobability, there can be no recovery.

"Physician" means a person licensed to practice medicine in theCommonwealth of Virginia or in the jurisdiction where the treatment is to berendered or withheld.

"Qualified patient" means a patient who has made an advance directive inaccordance with this article and either (i) has been diagnosed and certifiedin writing by the attending physician and a second physician or licensedclinical psychologist after personal examination to be incapable of making aninformed decision about providing, withholding or withdrawing a specificmedical treatment or course of treatment, in accordance with 54.1-2986 or(ii) has been diagnosed and certified in writing by the attending physicianto be afflicted with a terminal condition.

"Terminal condition" means a condition caused by injury, disease or illnessfrom which, to a reasonable degree of medical probability a patient cannotrecover and (i) the patient's death is imminent or (ii) the patient is in apersistent vegetative state.

"Witness" means any person over the age of 18, including a spouse or bloodrelative of the declarant. Employees of health care facilities andphysician's offices, who act in good faith, shall be permitted to serve aswitnesses for purposes of this article.

(1983, c. 532, 54-325.8:2; 1984, c. 79; 1988, c. 765; 1991, c. 583; 1992,cc. 412, 748, 772; 1994, c. 956; 1997, c. 609; 1998, cc. 630, 803, 854; 1999,c. 814; 2000, c. 1034; 2005, c. 186.)