SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2005 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-581.1 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-581.1. Definitions.
As used in this chapter:
"Health care" means any act, or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical diagnosis, care, treatment or confinement.
"Health care provider" means (i) a person,
corporation, facility or institution licensed by this Commonwealth to provide
health care or professional services as a physician or hospital, dentist,
pharmacist, registered nurse or licensed practical nurse or a person who
holds a multistate privilege to practice such nursing under the Nurse Licensure
Compact, optometrist, podiatrist, chiropractor, physical therapist,
physical therapy assistant, clinical psychologist, clinical social worker, professional
counselor, licensed dental hygienist, health maintenance organization, or
emergency medical care attendant or technician who provides services on a fee
basis,; (ii) a professional corporation, all of whose
shareholders or members are so licensed,; (iii) a partnership,
all of whose partners are so licensed,; (iv) a nursing home as
defined in § 54.1-3100 except those nursing institutions conducted by and for
those who rely upon treatment by spiritual means alone through prayer in
accordance with a recognized church or religious denomination,;
(v) a professional limited liability company comprised of members as described
in subdivision A 2 of § 13.1-1102,; (vi) a corporation,
partnership, limited liability company or any other entity, except a state-operated
facility, which employs or engages a licensed health care provider and which
primarily renders health care services,; or (vii) a director,
officer, employee, independent contractor, or agent of the persons or entities
referenced herein, acting within the course and scope of his employment or
engagement as related to health care or professional services.
"Health maintenance organization" means any person licensed pursuant to Chapter 43 (§ 38.2-4300 et seq.) of Title 38.2 who undertakes to provide or arrange for one or more health care plans.
"Hospital" means a public or private institution licensed pursuant to Chapter 5 (§ 32.1-123 et seq.) of Title 32.1 or Chapter 8 (§ 37.1-179 et seq.) of Title 37.1.
"Impartial attorney" means an attorney who has not represented (i) the claimant, his family, his partners, co-proprietors or his other business interests; or (ii) the health care provider, his family, his partners, co-proprietors or his other business interests.
"Impartial health care provider" means a health care provider who (i) has not examined, treated or been consulted regarding the claimant or his family; (ii) does not anticipate examining, treating, or being consulted regarding the claimant or his family; or (iii) has not been an employee, partner or co-proprietor of the health care provider against whom the claim is asserted.
"Malpractice" means any tort based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient.
"Patient" means any natural person who receives or should have received health care from a licensed health care provider except those persons who are given health care in an emergency situation which exempts the health care provider from liability for his emergency services in accordance with § 8.01-225.
"Physician" means a person licensed to practice medicine or osteopathy in this Commonwealth pursuant to Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1.