37.2-1103 - Emergency custody orders for adult persons who are incapable of making an informed decision as a result of physical injury or illness.
§ 37.2-1103. Emergency custody orders for adult persons who are incapable ofmaking an informed decision as a result of physical injury or illness.
A. Based upon the opinion of a licensed physician that an adult person isincapable of making an informed decision as a result of a physical injury orillness and that the medical standard of care indicates that testing,observation, and treatment are necessary to prevent imminent and irreversibleharm, a magistrate may issue, for good cause shown, an emergency custodyorder for the adult person to be taken into custody and transported to ahospital emergency room for testing, observation, or treatment.
B. Prior to issuance of an emergency custody order pursuant to this section,the magistrate shall ascertain that there is no legally authorized personavailable to give consent to necessary treatment for the adult person andthat the adult person (i) is incapable of making an informed decisionregarding obtaining necessary treatment, (ii) has refused transport to obtainsuch necessary treatment, (iii) has indicated an intention to resist suchtransport, and (iv) is unlikely to become capable of making an informeddecision regarding obtaining necessary treatment within the time required forsuch decision.
C. An opinion by the licensed physician that an adult person is incapable ofmaking an informed decision as a result of physical injury or illness shallonly be rendered after the licensed physician has communicated electronicallyor personally with the emergency medical services personnel on the scene andhas attempted to communicate electronically or personally with the adultperson to obtain information and medical data concerning the cause of theadult person's incapacity, has attempted to obtain consent from the adultperson, and has failed to obtain consent.
D. If there is a change in the person's condition, the emergency medicalservices personnel shall contact the licensed physician. If at any time thelicensed physician determines that a person subject to an order under thissubsection has become capable of making and communicating an informeddecision, the physician shall rely on the person's decision on whether toconsent to further observation, testing, or treatment.
E. Upon reaching the emergency room, the person shall be evaluated by alicensed physician. If the physician determines that the person meets therequirements of § 37.2-1104, the physician may apply for a temporarydetention order pursuant to that that section. If the physician determinesthat the person does not meet the requirements of § 37.2-1104, the personshall be released from custody immediately. The person shall remain incustody until this evaluation is performed, but in no event shall the periodof custody under this section exceed four hours.
F. The law-enforcement officer may lawfully go to or be sent beyond theterritorial limits of the county, city or town in which he serves to anypoint in the Commonwealth for the purpose of executing an emergency custodyorder pursuant to this section. Nothing herein shall preclude alaw-enforcement officer from obtaining emergency medical treatment or furthermedical evaluation at any time for a person in his custody as provided inthis section.
G. If an emergency custody order is not executed within four hours of itsissuance, the order shall be void and shall be returned unexecuted to theoffice of the clerk of the issuing court or, if such office is not open, toany magistrate serving the jurisdiction of the issuing court.
(1997, c. 921, § 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790; 2004,cc. 66, 104, 1014; 2005, c. 716; 2008, cc. 551, 691.)