A. Nothing in this chapter shall be deemed to affect the right to use and the authority conferred by any other applicable statutory or regulatory procedure relating to consent or to diminish any common law authority of a physician or other treatment provider to administer treatment to a person unable to give or to communicate informed consent to those actions, with or without the consent of the person's relative, including common law or other authority to provide treatment in an emergency situation; nor shall anything in this chapter be construed to affect the law defining the conditions under which consent shall be obtained for administering treatment or the nature of the consent required.
B. Judicial authorization for treatment pursuant to this chapter need not be obtained for a person for whom consent or authorization has been granted or issued or may be obtained in accordance with the provisions of Article 8 (§ 54.1-2981 et seq.) of Chapter 29 of Title 54.1 or other applicable statutes or common law of the Commonwealth.
1997, c. 921, § 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790; 2004, cc. 66, 104, 1014; 2005, cc. 716, 751.
Structure Code of Virginia
Title 37.2 - Behavioral Health and Developmental Services
Chapter 11 - Judicial Authorization of Treatment
§ 37.2-1101. Judicial authorization of treatment
§ 37.2-1102. Certain actions may not be authorized
§ 37.2-1104. Temporary detention in hospital for testing, observation, or treatment
§ 37.2-1105. Appeal from order
§ 37.2-1106. When health professional or licensed hospital not liable
§ 37.2-1107. Fees and expenses