Judicial authorization of treatment; advance directives. (HB638)

Introduced By

Del. Chris Stolle (R-Virginia Beach)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Judicial authorization of treatment; advance directives.  Provides that a court authorizing medical treatment for an incapacitated person must do so in conformity with the terms of the person's advance directive. The bill also provides that a court can authorize such treatment for an incapacitated person, despite the existence of an advance directive, where the person authorized to make medical decisions under the advance directive for the incapacitated person refuses or is unable to act or cannot be contacted within a reasonable period of time in light of the immediacy of the need for treatment. The bill also authorizes restraint or transportation of an incapacitated person if necessary for treating a mental disorder or a person subject to an order of involuntary admission. Amends § 37.2-1101, § 37.2-1102, of the Code of Virginia. Read the Bill »


Bill Has Passed


  • 01/11/2012 Committee
  • 01/11/2012 Prefiled and ordered printed; offered 01/11/12 12103500D
  • 01/11/2012 Referred to Committee for Courts of Justice
  • 01/16/2012 Assigned Courts sub: #5 Mental Health
  • 02/06/2012 Subcommittee recommends reporting with amendment(s) (5-Y 0-N)
  • 02/10/2012 Reported from Courts of Justice with substitute (18-Y 0-N) (see vote tally)
  • 02/10/2012 Committee substitute printed 12104524D-H1
  • 02/12/2012 Read first time
  • 02/13/2012 Read second time
  • 02/13/2012 Committee substitute agreed to 12104524D-H1
  • 02/13/2012 Engrossed by House - committee substitute HB638H1
  • 02/14/2012 Read third time and passed House BLOCK VOTE (100-Y 0-N)
  • 02/14/2012 VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (see vote tally)
  • 02/15/2012 Constitutional reading dispensed
  • 02/15/2012 Referred to Committee for Courts of Justice
  • 02/22/2012 Reported from Courts of Justice (15-Y 0-N) (see vote tally)
  • 02/24/2012 Constitutional reading dispensed (38-Y 0-N) (see vote tally)
  • 02/27/2012 Read third time
  • 02/27/2012 Passed Senate (40-Y 0-N) (see vote tally)
  • 03/02/2012 Enrolled
  • 03/02/2012 Bill text as passed House and Senate (HB638ER)
  • 03/02/2012 Signed by Speaker
  • 03/05/2012 Signed by President
  • 03/23/2012 G Approved by Governor-Chapter 378 (effective 7/1/12)
  • 03/23/2012 G Acts of Assembly Chapter text (CHAP0378)

Duplicate Bills

The following bills are identical to this one: SB371.