Provider Responsibilities under Virginia Law

The following are brief statements of the core responsibilities outlined under the HCDA.

Health care consumer’s responsibility

It is the responsibility of the consumer, while well, to give a copy of (or instructions for obtaining) the AD to the consumer’s provider.    Va. Code § 54.1-2983

Adding the AD to a consumer’s record

Once a physician knows that the AD exists, it is the physician’s responsibility to make a copy of the AD a part of the consumer’s medical record.    Va. Code § 54.1-2983

Provider liability immunity

No facility, physician, or other person acting under direction of a physician will be liable for carrying out an AD that the person believes to be legitimate.    Va. Code §§ 54.1-2985, 2988

Treatment over consumer protest

If a consumer has completed the relevant provision of the AD, a provider may act over the consumer’s objection.    Va. Code § 54.1-2986.2

Strength of AD

Providers must follow an AD as closely as possible within the boundaries of the law and acceptable medical practice.    Va. Code § 54.1-2983.3

Transfer of health care consumer

A physician who refuses to follow all or part of an AD (or an agent’s directions) must make a reasonable effort to transfer the consumer to another physician.    Va. Code §§ 54.1-2987, 2990

Survival of AD

If part of an AD cannot be followed because it conflicts with other authority (e.g., temporary detention order), the rest of the document remains valid and should be followed as closely as circumstances and the law allow.    Va. Code § 54.1-2983.3