Critical care specialist; added to list of specialists who can determine when patient is brain dead. (SB13)

Introduced By

Sen. Janet Howell (D-Reston)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Determination of brain death; critical care specialist.  Adds critical care specialists to the list of specialists who can make the determination of when a patient is brain dead. Read the Bill »


Bill Has Passed


12/18/2009Prefiled and ordered printed; offered 01/13/10 10100357D
12/18/2009Referred to Committee on Education and Health
01/21/2010Reported from Education and Health (15-Y 0-N) (see vote tally)
01/22/2010Constitutional reading dispensed (39-Y 0-N) (see vote tally)
01/24/2010Impact statement from DPB (SB13)
01/25/2010Read second time and engrossed
01/26/2010Read third time and passed Senate (40-Y 0-N) (see vote tally)
02/03/2010Placed on Calendar
02/03/2010Read first time
02/03/2010Referred to Committee on Health, Welfare and Institutions
02/18/2010Reported from Health, Welfare and Institutions (22-Y 0-N) (see vote tally)
02/19/2010Read second time
02/22/2010Read third time
02/22/2010Passed House BLOCK VOTE (98-Y 0-N)
02/22/2010VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/23/2010Bill text as passed Senate and House (SB13ER)
02/24/2010Impact statement from DPB (SB13ER)
02/24/2010Signed by Speaker
02/25/2010Signed by President
03/08/2010G Approved by Governor-Chapter 46 (effective 7/1/10)
03/08/2010G Acts of Assembly Chapter text (CHAP0046)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 30 seconds.


Jack F., tracking this bill in Photosynthesis, notes:

This bill is clearly written to expand the pool of organ donors since the only people declared brain dead are potential organ donors. Neurologists have made mistakes about brain death but are the best qualified to make the determination, allowing anyone else to make such a life and death decision is tantamount to condoning euthanasia for the purpose of organ retrieval and will reduce the number of people wiling to be organ donors and recipients. Who wants an organ that one can't be sure the person donating was not finished using? Very bad idea from a very smart woman. Shame.

Jack Ford writes:

Senate passed it out of committee. Consequence: pro-lifers will no longer accept transplants in Virginia nor sign donation cards.

Jack Ford writes:

How can anyone think this bill is a safe and good idea? With all the difficulty even well trained neurologists sometimes have determining brain death the state of Virginia is really willing to allow the possibility of mistakes in declaring someone dead? Why? What and whose agenda does this bill serve?

Susan Lawrence writes:

Virginia excels at providing life and death authority to basically anyone who shows up and is willing to wear that veil of authority and do the job they are told to do. Same thing with DSS. You, me, the manager at 7-11 can be a "social worker" in Virginia. No license or social work degree required. Just a B.S. in anything, including business management and you can make life and death decisions for foster children, disabled and senior citizens. Find out who sponsored the bill and who asked them to do it. This is very scary. There is a reason professionals are required to do extensive training to work in their field of specialty.

Jack Ford writes:

Janet Howell, Senator, Democrat in Fairfax, member of the Mental Health Law Reform Commission. Big pusher of taking away civil rights from people with disabilites. Would not be surprised to find out she is a closet supporter of the infamous "Compassion and Choices". Google them but don't let anyone with MH issues go to their site.

Jack Ford writes:

So Virginia will lead the way again and not in a good way. Where were the pro-lifers when this was passed with no dissent. Hypocrites every one of them. Shame on you all.