§ 37.2-1109. Use of electronic communication
A. Petitions and orders for emergency custody and temporary detention pursuant to § 37.2-1103 or 37.2-1104 may be filed, issued, served, or executed by electronic means, with or without the use of two-way electronic video and audio communication, and returned in the same manner with the same force, effect, and authority as an original document. […]
§ 37.2-1106. When health professional or licensed hospital not liable
Any licensed health professional or licensed hospital, including a hospital licensed by the Department of Health pursuant to § 32.1-123, administering treatment, or providing testing, or detention pursuant to the court’s or magistrate’s authorization as provided in this chapter shall have no liability arising out of a claim to the extent the claim is based […]
§ 37.2-1107. Fees and expenses
The provisions of § 37.2-804 relating to payment by the Commonwealth shall not apply to the cost of detention, testing, or treatment under this chapter. 1997, c. 921, § 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790; 2004, cc. 66, 104, 1014; 2005, c. 716.
§ 37.2-1108. Effect of chapter on other laws
A. Nothing in this chapter shall be deemed to affect the right to use and the authority conferred by any other applicable statutory or regulatory procedure relating to consent or to diminish any common law authority of a physician or other treatment provider to administer treatment to a person unable to give or to communicate […]
§ 37.2-1104. Temporary detention in hospital for testing, observation, or treatment
A. As used in this section, “mental or physical condition” includes intoxication. B. The court or, if the court is unavailable, a magistrate serving the jurisdiction where the respondent is located may, with the advice of a licensed physician who has attempted to obtain informed consent of an adult person to treatment of a mental […]
§ 37.2-1105. Appeal from order
Any order of a judge or special justice under § 37.2-1101, or of a judge, special justice or magistrate under § 37.2-1104, may be appealed de novo within 10 days to the circuit court for the jurisdiction where the order was entered, and any order of a circuit court hereunder, either originally or on appeal, […]
§ 37.2-1101. Judicial authorization of treatment
A. An appropriate circuit court or district court judge or special justice may authorize treatment for a mental or physical disorder on behalf of an adult person, in accordance with this section, if it finds upon clear and convincing evidence that (i) the person is either incapable of making an informed decision on his own […]
§ 37.2-1102. Certain actions may not be authorized
The following actions may not be authorized under this chapter: 1. Nontherapeutic sterilization, abortion, or psychosurgery. 2. Admission to a training center or a hospital. However, the court may issue an order under § 37.2-1101 authorizing treatment of a person whose admission to a training center or hospital has been or is simultaneously being authorized […]
§ 37.2-1103. Emergency custody orders for adult persons who are incapable of making an informed decision as a result of physical injury or illness
A. Based upon the opinion of a licensed physician that an adult person is incapable of making an informed decision as a result of a physical injury or illness and that the medical standard of care indicates that testing, observation, and treatment are necessary to prevent imminent and irreversible harm, a magistrate may issue, for […]
§ 37.2-1100. Definitions
As used in this chapter, unless the context requires a different meaning: “Disorder” includes any physical or mental disorder or impairment, whether caused by injury, disease, genetics, or other cause. “Incapable of making an informed decision” means unable to understand the nature, extent, or probable consequences of a proposed treatment or unable to make a […]