54.1-2986.2 - Health care decisions in the event of patient protest.
§ 54.1-2986.2. Health care decisions in the event of patientprotest.
A. Except as provided in subsection B or C, the provisions ofthis article shall not authorize providing, continuing, withholding orwithdrawing health care if the patient's attending physician knows that suchaction is protested by the patient.
B. A patient's agent may make a health care decision over theprotest of a patient who is incapable of making an informed decision if:
1. The patient's advance directive explicitly authorizes thepatient's agent to make the health care decision at issue, even over thepatient's later protest, and the patient's attending physician or licensedclinical psychologist attested in writing at the time the advance directive wasmade that the patient was capable of making an informed decision and understoodthe consequences of the provision;
2. The decision does not involve withholding or withdrawinglife-prolonging procedures; and
3. The health care that is to be provided, continued, withheldor withdrawn is determined and documented by the patient's attending physicianto be medically appropriate and is otherwise permitted by law.
C. In cases in which a patient has not explicitly authorizedhis agent to make the health care decision at issue over the patient's laterprotest, a patient's agent or person authorized to make decisions pursuant to §54.1-2986 may make a decision over the protest of a patient who is incapable ofmaking an informed decision if:
1. The decision does not involve withholding or withdrawinglife-prolonging procedures;
2. The decision does not involve (i) admission to a facilityas defined in § 37.2-100 or (ii) treatment or care that is subject toregulations adopted pursuant to § 37.2-400;
3. The health care decision is based, to the extent known, onthe patient's religious beliefs and basic values and on any preferencespreviously expressed by the patient in an advance directive or otherwiseregarding such health care or, if they are unknown, is in the patient's bestinterests;
4. The health care that is to be provided, continued,withheld, or withdrawn has been determined and documented by the patient'sattending physician to be medically appropriate and is otherwise permitted bylaw; and
5. The health care that is to be provided, continued,withheld, or withdrawn has been affirmed and documented as being ethicallyacceptable by the health care facility's patient care consulting committee, ifone exists, or otherwise by two physicians not currently involved in thepatient's care or in the determination of the patient's capacity to make healthcare decisions.
D. A patient's protest shall not revoke the patient's advancedirective unless it meets the requirements of § 54.1-2985.
E. If a patient protests the authority of a named agent or anyperson authorized to make health care decisions by § 54.1-2986, except for thepatient's guardian, the protested individual shall have no authority under thisarticle to make health care decisions on his behalf unless the patient'sadvance directive explicitly confers continuing authority on his agent, evenover his later protest. If the protested individual is denied authority underthis subsection, authority to make health care decisions shall be determined byany other provisions of the patient's advance directive, or in accordance with§ 54.1-2986 or in accordance with any other provision of law.
(2009, cc. 211, 268; 2010, c. 792.)