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Bill > HB1548


VA HB1548

VA HB1548
Advance directives; admission of person for mental health treatment, capacity determinations.


summary

Introduced
12/29/2016
In Committee
02/09/2017
Crossed Over
02/13/2017
Passed
02/17/2017
Dead
Signed/Enacted/Adopted
03/13/2017

Introduced Session

2017 Regular Session

Bill Summary

Advance directives; mental health treatment; capacity determinations. Provides that in cases in which a person has executed an advance directive granting an agent the authority to consent to the person's admission to a facility for mental health treatment and the advance directive so authorizes, the person's agent may exercise such authority after a determination that the person is incapable of making an informed decision regarding such admission has been made by (i) the attending physician, (ii) a psychiatrist or licensed clinical psychologist, (iii) a licensed psychiatric nurse practitioner, (iv) a licensed clinical social worker, or (v) a designee of the local community services board as defined in § 37.2-809. The bill also provides that a person's agent may make a health care decision over the protest of the person if, in addition to other factors, at the time the advance directive was made, a licensed physician, licensed clinical psychologist, licensed physician assistant, licensed nurse practitioner, licensed professional counselor, or licensed clinical social worker who is familiar with the person attested in writing that the person was capable of making an informed decision and understood the consequences of the provision. This bill is identical to SB 1511.

AI Summary

This bill amends Virginia law to provide that if a person has executed an advance directive granting an agent the authority to consent to the person's admission to a mental health treatment facility, the agent may exercise such authority after a determination that the person is incapable of making an informed decision about the admission. The determination can be made by the attending physician, a psychiatrist or licensed clinical psychologist, a licensed psychiatric nurse practitioner, a licensed clinical social worker, or a designee of the local community services board. The bill also allows a patient's agent to make a health care decision over the patient's protest if the advance directive explicitly authorizes the agent to do so and a licensed professional familiar with the patient attested that the patient was capable of making an informed decision when the directive was created.

Committee Categories

Health and Social Services

Sponsors (1)

Last Action

Governor: Acts of Assembly Chapter text (CHAP0456) (on 03/13/2017)

bill text


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