The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Advance directive" has the same meaning as defined in Article 8 (§ 54.1-2981 et seq.) of Chapter 29 of Title 54.1 of the Code of Virginia.

"Department" means the Virginia Department of Health.

"Registry" means the Advance Health Care Planning Registry.

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 department shall make available to the public an Advance Health Care Directive Planning Registry available to the public 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.

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).

4. Any other document that supports advance health care planning, including Durable Do Not Resuscitate Orders or portable medical order forms.

B. The document shall be submitted for filing by Only the person who executed the document, or his legal representative or designee., may file the document in the registry.

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.

A. The person registering documents in the registry may specify a legal representative or other persons to have access to such registered documents. It shall be the responsibility of the The person registering the documents shall to provide such persons provide the individuals 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.

B. A licensed health care provider may have access to the registry when conducting a query for advance health care planning information on a patient with whom the licensed health care provider has a treatment relationship.