37.2-1104 - Temporary detention in hospital for testing, observation or treatment. - Virginia Statutes

§ 37.2-1104. Temporary detention in hospital for testing, observation ortreatment.

Upon the advice of a licensed physician who has attempted to obtain consentand upon a finding of probable cause to believe that an adult person withinthe court's jurisdiction is incapable of making an informed decisionregarding treatment of a physical or mental disorder or is incapable ofcommunicating such a decision due to a physical or mental disorder and thatthe medical standard of care calls for testing, observation, or treatment ofthe disorder within the next 24 hours to prevent death, disability, or aserious irreversible condition, the court or, if the court is unavailable, amagistrate serving the jurisdiction may issue an order authorizing temporarydetention of the person by a hospital emergency room or other appropriatefacility and authorizing such testing, observation, or treatment. Thedetention may not be for a period exceeding 24 hours, unless extended by thecourt as part of an order authorizing treatment under § 37.2-1101. If, beforecompletion of authorized testing, observation, or treatment, the physiciandetermines that a person subject to an order under this subsection has becomecapable of making and communicating an informed decision, the physician shallrely on the person's decision on whether to consent to further testing,observation, or treatment. If, before issuance of an order under thissubsection or during its period of effectiveness, the physician learns of anobjection by a member of the person's immediate family to the testing,observation, or treatment, he shall so notify the court or magistrate, whoshall consider the objection in determining whether to issue, modify, orterminate the order.

(1997, c. 921, § 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790; 2004,cc. 66, 104, 1014; 2005, c. 716; 2008, cc. 551, 691.)