54.1-2995 - (For contingent effective date - see Editor's note) Filing of documents with the registry; regulations; fees. - Virginia Statutes

§ 54.1-2995. (For contingent effective date - see Editor's note) Filing ofdocuments with the registry; regulations; fees.

A. A person may submit any of the following documents and the revocations ofthese documents to the Department of Health for filing in the Advance HealthCare Directive Registry established pursuant to this article:

1. A health care power of attorney.

2. An advance directive created pursuant to Article 8 (§ 54.1-2981 et seq.)or a subsequent act of the General Assembly.

3. A declaration of an anatomical gift made pursuant to the Revised UniformAnatomical Gift Act (§ 32.1-291.1 et seq.).

B. The document may be submitted for filing only by the person who executedthe document and shall be accompanied by any fee required by the Departmentof Health.

C. All data and information contained in the registry shall remainconfidential and shall be exempt from the provisions of the Virginia Freedomof Information Act (§ 2.2-3700 et seq.).

D. The Board of Health shall promulgate regulations to carry out theprovisions of this article, which shall include, but not be limited to (i) adetermination of who may access the registry, including physicians, otherlicensed health care providers, the declarant, and his legal representativeor designee; (ii) a means of annually reminding registry users of whichdocuments they have registered; and (iii) fees for filing a document with theregistry. Such fees shall not exceed the direct costs associated withdevelopment and maintenance of the registry and with the education of thepublic about the availability of the registry, and shall be exempt fromstatewide indirect costs charged and collected by the Department of Accounts.No fee shall be charged for the filing of a document revoking any documentpreviously filed with the registry.

(2008, cc. 301, 696; 2010, c. 16.)