Administrative Code

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Virginia Administrative Code
Title 6. Criminal Justice And Corrections
Agency 35. Department (Board) of Juvenile Justice
Chapter 101. Regulation Governing Juvenile Secure Detention Centers

6VAC35-101-970. Consent to and refusal of health care services.

A. Health care services, as defined in 6VAC35-101-10 (definitions), shall be provided in accordance with § 54.1-2969 of the Code of Virginia. The knowing and voluntary agreement, without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion, of a person who is capable of exercising free choice (informed consent) to health care shall be obtained from the resident or parent or legal custodian, as required by law.

B. The resident and parent or legal guardian, as appropriate and applicable, shall be advised by an appropriately trained medical professional of (i) the material facts regarding the nature, consequences, and risks of the proposed treatment, examination, or procedure and (ii) the alternatives to it.

C. Residents may refuse in writing medical treatment and care. Facilities shall have written procedures for:

1. Explaining the implications of refusals; and

2. Documenting the reason for the refusal.

This subsection does not apply to medication refusals that are governed by 6VAC35-101-1060 (medication).

D. When health care is rendered against the resident's will, it shall be in accordance with applicable laws and regulations.

Statutory Authority

§§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

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