SB 1326 Judicial authorization of treatment and detention.
William C. Mims | all patrons    ...    notes
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Summary as introduced:
Judicial authorization of treatment and detention. Removes the court's authority to order the withholding or withdrawal of a specific treatment or course of treatment for a mental or physical disorder when an adult patient is either incapable of making an informed decision on his own behalf or is incapable of communicating an informed decision due to a physical or mental disorder and the proposed action is in the best interest of the person. Authority to order a specific treatment or a course of treatment is retained for the allegedly incapable adult person. This provision also strikes the authority for "any person" to file a request for a court to order the withholding or withdrawal of treatment for an adult person who is incapable of making or communicating informed consent. For individuals incapable of making or communicating informed consent who are hospital patients at the time of the petition for treatment, this provision requires "complete accordance with the Health Care Decisions Act . . . and the delineated authorization of consent as set forth in 54.1-2986, with all prudent effort made to obtain such informed consent from an individual or individuals in order of priority who are legally authorized to give consent."

Full text:
01/17/03  Senate: Presented & ordered printed 036034500  pdf

Status:
01/17/03  Senate: Presented & ordered printed 036034500
01/17/03  Senate: Referred to Committee for Courts of Justice
02/02/03  Senate: Pursuant to S. Rule 20(j), rerefer. by C.J. (14-Y 1-N)
02/02/03  Senate: Rereferred to Education and Health
02/04/03  Senate: Left in Education and Health