54.1-2983.2 - Capacity; required determinations.
§ 54.1-2983.2. Capacity; required determinations.
A. Every adult shall be presumed to be capable of making an informed decisionunless he is determined to be incapable of making an informed decision inaccordance with this article. A determination that a patient is incapable ofmaking an informed decision may apply to a particular health care decision,to a specified set of health care decisions, or to all health care decisions.No person shall be deemed incapable of making an informed decision basedsolely on a particular clinical diagnosis.
B. Prior to providing, continuing, withholding, or withdrawing health carepursuant to an authorization that has been obtained or will be soughtpursuant to this article and prior to, or as soon as reasonably practicableafter initiating health care for which authorization has been obtained orwill be sought pursuant to this article, and no less frequently than every180 days while the need for health care continues, the attending physicianshall certify in writing upon personal examination of the patient that thepatient is incapable of making an informed decision regarding health care andshall obtain written certification from a capacity reviewer that, based upona personal examination of the patient, the patient is incapable of making aninformed decision. However, certification by a capacity reviewer shall not berequired if the patient is unconscious or experiencing a profound impairmentof consciousness due to trauma, stroke, or other acute physiologicalcondition. The capacity reviewer providing written certification that apatient is incapable of making an informed decision, if required, shall notbe otherwise currently involved in the treatment of the person assessed,unless an independent capacity reviewer is not reasonably available. The costof the assessment shall be considered for all purposes a cost of thepatient's health care.
C. If, at any time, a patient is determined to be incapable of making aninformed decision, the patient shall be notified, as soon as practical and tothe extent he is capable of receiving such notice, that such determinationhas been made before providing, continuing, withholding, or withdrawinghealth care as authorized by this article. Such notice shall also beprovided, as soon as practical, to the patient's agent or person authorizedby § 54.1-2986 to make health care decisions on his behalf.
D. A single physician may, at any time, upon personal evaluation, determinethat a patient who has previously been determined to be incapable of makingan informed decision is now capable of making an informed decision, providedsuch determination is set forth in writing.
(2009, cc. 211, 268; 2010, c. 792.)