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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1994 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 or licensed practical nurse, optometrist, podiatrist,
chiropractor, physical therapist, physical therapy assistant, clinical
psychologist, health maintenance organization, (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, or (v)
a professional limited liability company comprised of members as described in
§ 13.1-1102 A 2, or an officer, employee or agent thereof acting in the
course and scope of his employment, or (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.
"Health maintenance organization" means any person licensed pursuant to Chapter 43 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.
"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.
"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.