2006 Code of Virginia § 8.01-622.1 - Injunction against assisted suicide; damages; professional sanctions

8.01-622.1. Injunction against assisted suicide; damages; professionalsanctions.

A. Any person who knowingly and intentionally, with the purpose of assistinganother person to commit or attempt to commit suicide, (i) provides thephysical means by which another person commits or attempts to commit suicideor (ii) participates in a physical act by which another person commits orattempts to commit suicide shall be liable for damages as provided in thissection and may be enjoined from such acts.

B. A cause of action for injunctive relief against any person who isreasonably expected to assist or attempt to assist a suicide may bemaintained by any person who is the spouse, parent, child, sibling orguardian of, or a current or former licensed health care provider of, theperson who would commit suicide; by a Commonwealth's attorney withappropriate jurisdiction; or by the Attorney General. The injunction shallprevent the person from assisting any suicide in the Commonwealth.

C. A spouse, parent, child or sibling of a person who commits or attempts tocommit suicide may recover compensatory and exemplary damages in a civilaction from any person who provided the physical means for the suicide orattempted suicide or who participated in a physical act by which the otherperson committed or attempted to commit suicide.

D. A licensed health care provider who assists or attempts to assist asuicide shall be considered to have engaged in unprofessional conduct forwhich his certificate or license to provide health care services in theCommonwealth shall be suspended or revoked by the licensing authority.

E. Nothing in this section shall be construed to limit or conflict with 54.1-2971.01 or the Health Care Decisions Act ( 54.1-2981 et seq.). Thissection shall not apply to a licensed health care provider who (i)administers, prescribes or dispenses medications or procedures to relieveanother person's pain or discomfort and without intent to cause death, evenif the medication or procedure may hasten or increase the risk of death, or(ii) withholds or withdraws life-prolonging procedures as defined in 54.1-2982. This section shall not apply to any person who properlyadministers a legally prescribed medication without intent to cause death,even if the medication may hasten or increase the risk of death.

F. For purposes of this section:

"Licensed health care provider" means a physician, surgeon, podiatrist,osteopath, osteopathic physician and surgeon, physician assistant, nurse,dentist or pharmacist licensed under the laws of this Commonwealth.

"Suicide" means the act or instance of taking one's own life voluntarilyand intentionally.

(1998, c. 624.)