2006 Code of Virginia § 54.1-2988 - Immunity from liability; burden of proof; presumption

54.1-2988. Immunity from liability; burden of proof; presumption.

A health care facility, physician or other person acting under the directionof a physician shall not be subject to criminal prosecution or civilliability or be deemed to have engaged in unprofessional conduct as a resultof issuing a Durable Do Not Resuscitate Order or the withholding or thewithdrawal of life-prolonging procedures under authorization or consentobtained in accordance with this article or as the result of the provision,withholding or withdrawal of ongoing life-sustaining care in accordance with 54.1-2990. No person or facility providing, withholding or withdrawingtreatment or physician issuing a Durable Do Not Resuscitate Order underauthorization or consent obtained pursuant to this article or otherwise inaccordance with 54.1-2990 shall incur liability arising out of a claim tothe extent the claim is based on lack of authorization or consent for suchaction.

A person who authorizes or consents to the providing, withholding orwithdrawal of ongoing life-sustaining care in accordance with 54.1-2990 orof life-prolonging procedures in accordance with a qualified patient'sadvance directive or as provided in 54.1-2986 or a Durable Do NotResuscitate Order pursuant to 54.1-2987.1 shall not be subject, solely onthe basis of that authorization or consent, to (i) criminal prosecution orcivil liability for such action or (ii) liability for the cost of treatment.

The provisions of this section shall apply unless it is shown by apreponderance of the evidence that the person authorizing or effectuating thewithholding or withdrawal of life-prolonging procedures, or issuing,consenting to, making or following a Durable Do Not Resuscitate Order inaccordance with 54.1-2987.1 did not, in good faith, comply with theprovisions of this article.

The distribution to patients of written advance directives in a form meetingthe requirements of 54.1-2984 and assistance to patients in the completionand execution of such forms by health care providers shall not constitute theunauthorized practice of law pursuant to Chapter 39 ( 54.1-3900 et seq.) ofthis title.

An advance directive or Durable Do Not Resuscitate Order made, consented toor issued in accordance with this article shall be presumed to have beenmade, consented to, or issued voluntarily and in good faith by a competentadult, physician or person authorized to consent on the patient's behalf.

(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.)