2006 Code of Virginia § 54.1-2970 - Medical treatment for certain persons incapable of giving informed consent

54.1-2970. Medical treatment for certain persons incapable of givinginformed consent.

When a delay in treatment might adversely affect recovery, a licensed healthprofessional or licensed hospital shall not be subject to liability arisingout of a claim based on lack of informed consent or be prohibited fromproviding surgical, medical or dental treatment to an individual who is apatient or resident of a hospital or facility operated by the Department ofMental Health, Mental Retardation and Substance Abuse Services or to aconsumer who is receiving case management services from a community servicesboard or behavioral health authority and who is incapable of giving informedconsent to the treatment by reason of mental illness or mental retardationunder the following conditions:

1. No legally authorized guardian or committee was available to give consent;

2. A reasonable effort is made to advise a parent or other next of kin of theneed for the surgical, medical or dental treatment;

3. No reasonable objection is raised by or on behalf of the allegedincapacitated person; and

4. Two physicians, or in the case of dental treatment, two dentists or onedentist and one physician, state in writing that they have made a good faitheffort to explain the necessary treatment to the individual, and they haveprobable cause to believe that the individual is incapacitated and unable toconsent to the treatment by reason of mental illness or mental retardationand that delay in treatment might adversely affect recovery.

The provisions of this section shall apply only to the treatment of physicalinjury or illness and not to any treatment for mental, emotional orpsychological condition.

Treatment pursuant to this section of an individual's mental, emotional orpsychological condition when the individual is unable to make an informeddecision and when no legally authorized guardian or committee is available toprovide consent shall be governed by regulations promulgated by the StateMental Health, Mental Retardation and Substance Abuse Services Board under 37.2-400.

(Code 1950, 32-137.01; 1979, c. 212, 54-325.2:1; 1988, c. 765; 1989, c.591; 1997, c. 801; 2002, c. 80.)