Any of the following persons, in order of priority stated, may authorize and consent to a postmortem examination and autopsy on a decedent's body for the purpose of determining the cause of death of the decedent, for the advancement of medical or dental education and research, or for the general advancement of medical or dental science, if: (i) no person in a higher class exists or no person in a higher class is available at the time authorization or consent is given, (ii) there is no actual notice of contrary indications by the decedent, and (iii) there is no actual notice of opposition by a member of the same or a prior class.
The order of priority shall be as follows: (1) any person designated to make arrangements for the disposition of the decedent's remains upon his death pursuant to § 54.1-2825; (2) the spouse; (3) an adult son or daughter; (4) either parent; (5) an adult brother or sister; (6) a guardian of the person of the decedent at the time of his death; or (7) any other person authorized or under legal obligation to dispose of the body.
If the physician or surgeon has actual notice of contrary indications by the decedent or of opposition to an autopsy by a member of the same or a prior class, the autopsy shall not be performed. The persons authorized herein may authorize or consent to the autopsy after death or before death.
In cases of death where official inquiry is authorized or required by law, the provisions of Article 1 (§ 32.1-277 et seq.) of Chapter 8 of Title 32.1 shall apply. If at the time of death, a postmortem examination is authorized or required by law, any prior authorization or consent pursuant to this section shall not be valid unless the body is released by the Office of the Chief Medical Examiner.
A surgeon or physician acting in accordance with the terms of this section shall not have any liability, civil or criminal, for the performance of the autopsy.
Code 1950, § 32-364.4:1; 1973, c. 357; 1979, c. 720, § 54-325.8; 1986, c. 237; 1988, c. 765; 1998, c. 718; 2014, c. 583.
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