54.1-2988 - Immunity from liability; burden of proof; presumption.
§ 54.1-2988. Immunity from liability; burden of proof; presumption.
A health care facility, physician or other person acting under the directionof a physician shall not be subject to criminal prosecution or civilliability or be deemed to have engaged in unprofessional conduct as a resultof issuing a Durable Do Not Resuscitate Order or the providing, continuing,withholding or the withdrawal of health care under authorization or consentobtained in accordance with this article or as the result of the provision,withholding or withdrawal of ongoing health care in accordance with §54.1-2990. No person or facility providing, continuing, withholding orwithdrawing health care or physician issuing a Durable Do Not ResuscitateOrder under authorization or consent obtained pursuant to this article orotherwise in accordance with § 54.1-2990 shall incur liability arising out ofa claim to the extent the claim is based on lack of authorization or consentfor such action.
Any agent or person identified in § 54.1-2986 who authorizes or consents tothe providing, continuing, withholding or withdrawal of health care inaccordance with this article shall not be subject, solely on the basis ofthat authorization or consent, to (i) criminal prosecution or civil liabilityfor such action or (ii) liability for the cost of health care.
No individual serving on a facility's patient care consulting committee asdefined in this article and no physician rendering a determination oraffirmation in cases in which no patient care consulting committee existsshall be subject to criminal prosecution or civil liability for any act oromission done or made in good faith in the performance of such functions.
The provisions of this section shall apply unless it is shown by apreponderance of the evidence that the person authorizing or effectuating theproviding, continuing, withholding or withdrawal of health care, or issuing,consenting to, making or following a Durable Do Not Resuscitate Order inaccordance with § 54.1-2987.1 did not, in good faith, comply with theprovisions of this article.
The distribution to patients of written advance directives in a form meetingthe requirements of § 54.1-2984 and assistance to patients in the completionand execution of such forms by health care providers shall not constitute theunauthorized practice of law pursuant to Chapter 39 (§ 54.1-3900 et seq.).
An advance directive or Durable Do Not Resuscitate Order made, consented toor issued in accordance with this article shall be presumed to have beenmade, consented to, or issued voluntarily and in good faith by an adult whois capable of making an informed decision, physician or person authorized toconsent on the patient's behalf.
(1983, c. 532, § 54-325.8:8; 1988, c. 765; 1992, cc. 412, 748, 772; 1998, cc.803, 854; 1999, c. 814; 2000, cc. 590, 598; 2009, cc. 211, 268; 2010, c. 792.)