54.1-2990 - Medically unnecessary health care not required; procedure when physician refuses to comply with an advance directive or a designated person's health care decision; mercy killing or eut - Virginia Statutes

§ 54.1-2990. Medically unnecessary health care not required; procedure whenphysician refuses to comply with an advance directive or a designatedperson's health care decision; mercy killing or euthanasia prohibited.

A. Nothing in this article shall be construed to require a physician toprescribe or render health care to a patient that the physician determines tobe medically or ethically inappropriate. However, in such a case, if thephysician's determination is contrary to the request of the patient, theterms of a patient's advance directive, the decision of an agent or personauthorized to make decisions pursuant to § 54.1-2986, or a Durable Do NotResuscitate Order, the physician shall make a reasonable effort to inform thepatient or the patient's agent or person with decision-making authoritypursuant to § 54.1-2986 of such determination and the reasons for thedetermination. If the conflict remains unresolved, the physician shall make areasonable effort to transfer the patient to another physician who is willingto comply with the request of the patient, the terms of the advancedirective, the decision of an agent or person authorized to make decisionspursuant to § 54.1-2986, or a Durable Do Not Resuscitate Order. The physicianshall provide the patient or his agent or person with decision-makingauthority pursuant to § 54.1-2986 a reasonable time of not less than fourteendays to effect such transfer. During this period, the physician shallcontinue to provide any life-sustaining care to the patient which isreasonably available to such physician, as requested by the patient or hisagent or person with decision-making authority pursuant to § 54.1-2986.

B. For purposes of this section, "life-sustaining care" means any ongoinghealth care that utilizes mechanical or other artificial means to sustain,restore or supplant a spontaneous vital function, including hydration,nutrition, maintenance medication, and cardiopulmonary resuscitation.

C. Nothing in this section shall require the provision of health care thatthe physician is physically or legally unable to provide, or health care thatthe physician is physically or legally unable to provide without therebydenying the same health care to another patient.

D. Nothing in this article shall be construed to condone, authorize orapprove mercy killing or euthanasia, or to permit any affirmative ordeliberate act or omission to end life other than to permit the naturalprocess of dying.

(1983, c. 532, § 54-325.8:10; 1988, c. 765; 1992, cc. 748, 772; 1999, c. 814;2000, cc. 590, 598; 2009, cc. 211, 268.)