2006 Code of Virginia § 8.01-581.1 - Definitions

8.01-581.1. Definitions.

As used in this chapter:

"Health care" means any act, or treatment performed or furnished, or whichshould have been performed or furnished, by any health care provider for, to,or on behalf of a patient during the patient's medical diagnosis, care,treatment or confinement.

"Health care provider" means (i) a person, corporation, facility orinstitution licensed by this Commonwealth to provide health care orprofessional services as a physician or hospital, dentist, pharmacist,registered nurse or licensed practical nurse or a person who holds amultistate privilege to practice such nursing under the Nurse LicensureCompact, optometrist, podiatrist, chiropractor, physical therapist, physicaltherapy assistant, clinical psychologist, clinical social worker,professional counselor, licensed marriage and family therapist, licenseddental hygienist, health maintenance organization, or emergency medical careattendant or technician who provides services on a fee basis; (ii) aprofessional corporation, all of whose shareholders or members are solicensed; (iii) a partnership, all of whose partners are so licensed; (iv) anursing home as defined in 54.1-3100 except those nursing institutionsconducted by and for those who rely upon treatment by spiritual means alonethrough prayer in accordance with a recognized church or religiousdenomination; (v) a professional limited liability company comprised ofmembers as described in subdivision A 2 of 13.1-1102; (vi) a corporation,partnership, limited liability company or any other entity, except astate-operated facility, which employs or engages a licensed health careprovider and which primarily renders health care services; or (vii) adirector, officer, employee, independent contractor, or agent of the personsor entities referenced herein, acting within the course and scope of hisemployment or engagement as related to health care or professional services.

"Health maintenance organization" means any person licensed pursuant toChapter 43 ( 38.2-4300 et seq.) of Title 38.2 who undertakes to provide orarrange for one or more health care plans.

"Hospital" means a public or private institution licensed pursuant toChapter 5 ( 32.1-123 et seq.) of Title 32.1 or Article 2 ( 37.2-403 etseq.) of Chapter 4 of Title 37.2.

"Impartial attorney" means an attorney who has not represented (i) theclaimant, his family, his partners, co-proprietors or his other businessinterests; or (ii) the health care provider, his family, his partners,co-proprietors or his other business interests.

"Impartial health care provider" means a health care provider who (i) hasnot examined, treated or been consulted regarding the claimant or his family;(ii) does not anticipate examining, treating, or being consulted regardingthe claimant or his family; or (iii) has not been an employee, partner orco-proprietor of the health care provider against whom the claim is asserted.

"Malpractice" means any tort action or breach of contract action forpersonal injuries or wrongful death, based on health care or professionalservices rendered, or which should have been rendered, by a health careprovider, to a patient.

"Patient" means any natural person who receives or should have receivedhealth care from a licensed health care provider except those persons who aregiven health care in an emergency situation which exempts the health careprovider from liability for his emergency services in accordance with 8.01-225.

"Physician" means a person licensed to practice medicine or osteopathy inthis Commonwealth pursuant to Chapter 29 ( 54.1-2900 et seq.) of Title 54.1.

(Code 1950, 8-911; 1976, c. 611; 1977, c. 617; 1981, c. 305; 1986, cc. 227,511; 1989, cc. 146, 730; 1991, cc. 455, 464; 1993, c. 268; 1994, cc. 114,616, 651; 2001, c. 98; 2003, cc. 487, 492; 2005, cc. 482, 649, 692; 2006, c.638.)