Administrative Code

Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
9/22/2020

Chapter 67. Advance Health Care Directive Registry

12VAC5-67-10. General provisions.

A. In accordance with Article 9 (§ 54.1-2994 et seq.) of Chapter 29 of Title 54.1 of the Code of Virginia and this chapter, the Department of Health shall make available to the public an Advance Health Care Directive Registry by (i) contracting with a vendor, (ii) publicizing the availability of an existing registry maintained by another entity, or (iii) entering into a public-private partnership.

B. The department shall ensure that the contracted vendor, public-private partnership, or any other entity through which the department has made the registry available to citizens of the Commonwealth annually contacts persons who have registered documents to remind them of which documents they have registered.

Statutory Authority

§ 54.1-2995 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 2, eff. November 15, 2011.

12VAC5-67-20. Criteria for submission of an advance directive to the registry.

A. Documents that may be submitted to the registry include:

1. A health care power of attorney.

2. An advance directive created pursuant to Article 8 (§ 54.1-2981 et seq.) of Chapter 29 of Title 54.1 of the Code of Virginia or a subsequent act of the General Assembly.

3. A declaration of an anatomical gift made pursuant to the Revised Uniform Anatomical Gift Act (§ 32.1-291.1 et seq. of the Code of Virginia).

B. The document shall be submitted for filing by the person who executed the document or his legal representative or designee.

C. The person submitting documents to the registry shall be responsible for payment of any fee required by the contracted vendor, public-private partnership, or any other entity through which the department has made the registry available to citizens of the Commonwealth. Fees associated with the registry shall not exceed the direct costs associated with the development and maintenance of the registry and with the education of the public about the availability of the registry.

Statutory Authority

§ 54.1-2995 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 2, eff. November 15, 2011; amended, Virginia Register Volume 31, Issue 22, eff. August 29, 2015.

12VAC5-67-30. Access to the registry.

The person registering documents may specify a legal representative or other persons to have access to such documents. It shall be the responsibility of the person registering to provide such persons with the information necessary to access the registry. Licensed health care providers shall have access to the registry for the purpose of a query for advance directive information on patients who are comatose, incapacitated, or otherwise mentally or physically incapable of communication.

Statutory Authority

§ 54.1-2995 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 2, eff. November 15, 2011; amended, Virginia Register Volume 31, Issue 22, eff. August 29, 2015.



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