A. A licensed physician, physician assistant, nurse practitioner, or registered nurse may perform a physical evidence recovery kit examination for a person who is believed to be the victim of a sexual assault and who is incapable of making an informed decision regarding consent to such examination when:
1. There is a need to conduct the examination before the victim is likely to be able to make an informed decision in order to preserve physical evidence of the alleged sexual assault from degradation;
2. No legally authorized representative or other person authorized to consent to medical treatment on the individual's behalf is reasonably available to provide consent within the time necessary to preserve physical evidence of the alleged sexual assault; and
3. A capacity reviewer, as defined in § 54.1-2982, provides written certification that, based upon a personal examination of the individual, the individual is incapable of making an informed decision regarding the physical evidence recovery kit examination and that, given the totality of the circumstances, the examination should be performed. The capacity reviewer who provides such written certification shall not be otherwise currently involved in the treatment of the person assessed, unless an independent capacity reviewer is not reasonably available.
A1. For purposes of this section, if a parent or guardian of a minor refuses to consent to a physical evidence recovery kit examination of the minor, the minor may consent.
B. Any physical evidence recovery kit examination performed pursuant to this section shall be performed in accordance with the requirements of §§ 19.2-11.2 and 19.2-165.1 and shall protect the alleged victim's identity.
C. A licensed physician, physician assistant, nurse practitioner, or registered nurse who exercises due care under the provisions of this act shall not be liable for any act or omission related to performance of an examination in accordance with this section.
2013, cc. 441, 532; 2016, c. 251.
Structure Code of Virginia
Title 54.1 - Professions and Occupations
Chapter 29 - Medicine and Other Healing Arts
§ 54.1-2901. Exceptions and exemptions generally
§ 54.1-2902. Unlawful to practice without license
§ 54.1-2903. What constitutes practice; advertising in connection with medical practice
§ 54.1-2904. Biennial renewal of licenses; copies; fee; lapsed licenses; reinstatement; penalties
§ 54.1-2909. Further reporting requirements; civil penalty; disciplinary action
§ 54.1-2910.01. Practitioner information provided to patients
§ 54.1-2910.1. Certain data required
§ 54.1-2910.2. Posting of disciplinary information
§ 54.1-2910.3. No requirement to participate in third-party reimbursement programs
§ 54.1-2910.3:1. Medicaid recipients; treatment involving prescription of opioids; payment
§ 54.1-2910.4. Health record retention
§ 54.1-2910.5. (Effective July 1, 2023) Pediatric sexual assault survivor services; requirements
§ 54.1-2911. Board; membership; terms of office; change of residence; executive director; etc.
§ 54.1-2912.1. Continued competency and office-based anesthesia requirements
§ 54.1-2912.2. Board may endorse certain document
§ 54.1-2912.3. Competency assessments of certain practitioners
§ 54.1-2912.4. Board to post autism information
§ 54.1-2913.1. Acceptance of other examinations
§ 54.1-2915. Unprofessional conduct; grounds for refusal or disciplinary action
§ 54.1-2918. Suspension or revocation for violation of facility licensing laws
§ 54.1-2925. Use of experts in disciplinary proceedings
§ 54.1-2926. Powers of Board with respect to practitioners licensed to practice pharmacy
§ 54.1-2928.1. Restricted volunteer license
§ 54.1-2928.2. Board to adopt regulations related to prescribing of opioids and buprenorphine
§ 54.1-2929. Licenses required
§ 54.1-2930. Requirements for licensure
§ 54.1-2931. Examinations; passing grade
§ 54.1-2932. Issuance of licenses to practice
§ 54.1-2933.1. Temporary licensure of certain foreign graduates to obtain training
§ 54.1-2934. Evidence of right to practice required of certain foreign graduates
§ 54.1-2936. Limited licenses to certain graduates of foreign medical schools
§ 54.1-2937. Temporary licenses to interns and residents in hospitals and other organizations
§ 54.1-2937.1. Retiree license
§ 54.1-2939. Surgery by podiatrists on patients under general anesthesia limited
§ 54.1-2950. Requisite training and educational achievements of assistants
§ 54.1-2950.1. Advisory Board on Physician Assistants; membership; qualifications
§ 54.1-2951.2. Issuance of a license
§ 54.1-2951.3. Restricted volunteer license for certain physician assistants
§ 54.1-2951.4. Exception to physician assistant license requirement; physician assistant student
§ 54.1-2952.2. When physician assistant signature accepted
§ 54.1-2953. Renewal, revocation, suspension, and refusal
§ 54.1-2954. Respiratory therapist; definition
§ 54.1-2954.1. Powers of Board concerning respiratory care
§ 54.1-2955. Restriction of titles
§ 54.1-2956. Advisory Board on Respiratory Care; appointment; terms; duties; etc.
§ 54.1-2956.01. Exceptions to respiratory therapist's licensure
§ 54.1-2956.1. Powers of Board concerning occupational therapy
§ 54.1-2956.2. Advisory Board of Occupational Therapy
§ 54.1-2956.3. Advisory Board of Occupational Therapy; composition; appointment
§ 54.1-2956.4. Advisory Board of Occupational Therapy; powers
§ 54.1-2956.5. Unlawful to practice occupational therapy without license
§ 54.1-2956.8. Advisory Board on Radiological Technology; appointments; terms; etc.
§ 54.1-2956.10. Requisite training and educational achievements of acupuncturists
§ 54.1-2956.11. Advisory Board on Acupuncture; composition; appointment
§ 54.1-2956.12. Registered surgical technologist; use of title; registration
§ 54.1-2956.13. Licensure of surgical assistant; practice of surgical assisting; use of title
§ 54.1-2956.14. Advisory Board on Surgical Assisting; appointments; terms; duties
§ 54.1-2957. Licensure and practice of nurse practitioners
§ 54.1-2957.001. Restricted volunteer license for nurse practitioners
§ 54.1-2957.02. When nurse practitioner signature accepted
§ 54.1-2957.03. Certified nurse midwives; required disclosures; liability
§ 54.1-2957.6. Exceptions to athletic trainer licensure
§ 54.1-2957.7. Licensed midwife and practice of midwifery; definitions
§ 54.1-2957.8. Licensure of midwives; requisite training and educational requirements; fees
§ 54.1-2957.9. Regulation of the practice of midwifery
§ 54.1-2957.10. Advisory Board on Midwifery established; membership; duties; terms
§ 54.1-2957.11. Requirements for disclosure
§ 54.1-2957.14. Advisory Board on Polysomnographic Technology; appointment; terms; duties
§ 54.1-2957.15. Unlawful to practice as a polysomnographic technologist without a license
§ 54.1-2957.17. Exceptions to licensure requirements
§ 54.1-2957.18. Advisory Board on Behavior Analysis
§ 54.1-2957.22. Advisory Board on Genetic Counseling established; membership; terms
§ 54.1-2960. Medical students in hospitals
§ 54.1-2961. Interns and residents in hospitals
§ 54.1-2962. Division of fees among physicians prohibited
§ 54.1-2962.01. Anatomic pathology services; fees
§ 54.1-2962.1. Solicitation or receipt of remuneration in exchange for referral prohibited
§ 54.1-2962.2. Physician-patient relationship; effect of certain emergency department treatment
§ 54.1-2963. Selling vitamins or food supplements in connection with a practice of the healing arts
§ 54.1-2963.1. Disclosure of medical treatment options
§ 54.1-2964. Disclosure of interest in referral facilities and clinical laboratories
§ 54.1-2967. Physicians and others rendering medical aid to report certain wounds
§ 54.1-2968. Information about certain handicapped persons
§ 54.1-2969. Authority to consent to surgical and medical treatment of certain minors
§ 54.1-2970. Medical treatment for certain persons incapable of giving informed consent
§ 54.1-2971.01. Prescription in excess of recommended dosage in certain cases
§ 54.1-2971.1. Disclosure for certain treatment of infertility
§ 54.1-2973. Persons who may authorize postmortem examination of decedent's body
§ 54.1-2973.1. Practice of laser hair removal
§ 54.1-2974. Sterilization operations for persons 18 years or older capable of informed consent
§ 54.1-2975. Sterilization operations for certain children incapable of informed consent
§ 54.1-2976. Sterilization operations for certain adults incapable of informed consent
§ 54.1-2977. Standards for court-authorized sterilization of certain persons
§ 54.1-2978. Reports of certain sterilizations
§ 54.1-2979. No liability for nonnegligent performance of operation
§ 54.1-2980. Article inapplicable to certain medical or surgical treatment
§ 54.1-2983. Procedure for making advance directive; notice to physician
§ 54.1-2983.1. Participation in health care research
§ 54.1-2983.2. Capacity; required determinations
§ 54.1-2983.3. Exclusions and limitations of advance directives
§ 54.1-2984. Suggested form of written advance directives
§ 54.1-2985. Revocation of an advance directive
§ 54.1-2985.1. Injunction; court-ordered health care
§ 54.1-2986.1. Duties and authority of agent or person identified in § 54.1-2986
§ 54.1-2986.2. Health care decisions in the event of patient protest
§ 54.1-2987.1. Durable Do Not Resuscitate Orders
§ 54.1-2988. Immunity from liability; burden of proof; presumption
§ 54.1-2988.1. Assistance with completing and executing advance directives
§ 54.1-2989. Willful destruction, concealment, etc., of declaration or revocation; penalties
§ 54.1-2989.1. Failure to deliver advance directive
§ 54.1-2992. Preservation of existing rights
§ 54.1-2993.1. Qualified advance directive facilitators; requirements for training programs
§ 54.1-2994. Advance Health Care Directive Registry established
§ 54.1-2995. Filing of documents with the registry; regulations; fees
§ 54.1-2996. Validity of unregistered documents
§ 54.1-2997. Direct primary care agreements
§ 54.1-2998. Direct primary care agreement requirements; disclosures; disclaimer