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Subcommittee advances bill letting hospitals convene patient-care committees for unrepresented patients
Summary
SB 71 would authorize hospital patient-care consulting committees—clinicians plus two unaffiliated community members—to make or inform decisions for incapacitated patients without next of kin; advocates said it fills a legal gap, while disability and legal-aid witnesses urged stronger privacy and consent safeguards.
The subcommittee advanced Senate Bill 71, which would let hospitals form patient-care consulting committees to review medical information and assist with decisions when a patient lacks a next of kin, friend, or advance directive.
Patron testimony described the committee composition as including a physician, a nurse, a social worker and two community members unaffiliated with the hospital, and said the approach is intended to be patient-centered and more timely than guardianship proceedings.
Eitan Yeshua, an ICU nurse and former attorney, said the bill fills a gap in Virginia law and would reduce delays or inappropriate overtreatment for unrepresented patients. "This bill fills that gap. The committee includes a physician, a nurse, social workers, ethicists, and community members unaffiliated with the hospital," Yeshua said, urging support.
Support came from hospital and educator groups. Jennifer Fedura of the Virginia Network of Behavioral Providers thanked the sponsor for an amendment that allows knowledgeable nonrelatives to share information with committees. Brent Rawlings of the Virginia Hospital and Healthcare Association also backed the bill as a reasonable solution for providers and patients.
Speakers including the Disability Law Center and Legal Aid Justice Center urged stronger privacy protections. Abby Phillips and others recommended requiring affirmative consent (opt in) rather than an opt-out notice to parents, warning that opt-out language can be missed or misunderstood and could disclose sensitive mental-health information unintentionally.
Committee members discussed the balance between helping students and protecting privacy when a minor who received inpatient care returns to school; the bill includes a provision allowing parents or authorized guardians to decline disclosure and tasks the Department of Education with issuing guidelines to safeguard privacy. The subcommittee voted to pass SB 71 and move it to the full committee.
