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§ 8.01-227.4.Definitions.

Chapter 3. Actions · Article 23. Drug Dealer Liability Act · Last amended 2002 · Last verified July 16, 2026

In one sentenceSection 8.01-227.4 defines two terms — controlled substance and health care provider — that anchor Virginia’s Drug Dealer Liability Act, borrowing the criminal-code definition of controlled substance and the medical malpractice statute’s definition of health care provider.

Full Text of § 8.01-227.4

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As used in this article:
"Controlled substance" means a controlled substance as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2.
"Health care provider" means a health care provider as defined in § 8.01-581.1.

Plain-English Summary

Section 8.01-227.4 opens Article 23 by fixing the vocabulary for the three sections that follow, which let a parent sue an adult who sold or helped distribute drugs to that parent’s child. “Controlled substance” doesn’t get an independent definition here — the statute borrows the term from Title 18.2’s drug-control law, the same list of regulated substances Virginia already uses in criminal prosecutions. That choice ties civil liability under this article to a fixed, well-established category rather than inventing a separate one.

“Health care provider” likewise borrows its definition, this time from § 8.01-581.1, part of Virginia’s medical malpractice statute. That cross-reference matters most in § 8.01-227.6, which shields a health care provider who lawfully sells, administers, furnishes, or distributes a controlled substance from liability under this article. Pinning the term to the same providers already regulated under the malpractice law keeps the Drug Dealer Liability Act’s carve-out consistent with the rest of the Code.

Frequently Asked Questions

What does “controlled substance” mean under Virginia’s Drug Dealer Liability Act?

Section 8.01-227.4 defines it by cross-reference to Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 — the same list of regulated drugs Virginia uses in criminal drug prosecutions.

Who counts as a health care provider under Article 23?

The term is defined by cross-reference to § 8.01-581.1, part of Virginia’s medical malpractice statute, reaching the physicians, hospitals, and other providers listed there.

Why does the Drug Dealer Liability Act borrow its definitions instead of writing new ones?

Borrowing ties civil liability to the same substances and regulated providers already defined elsewhere in the Code, keeping the criminal and civil treatment of controlled substances consistent.

Does § 8.01-227.4 itself create any liability?

No. It is purely definitional. The liability created by Article 23 appears in § 8.01-227.5.

Where else in Article 23 do these two definitions matter?

“Controlled substance” anchors the liability created in § 8.01-227.5 and the health care exemption in § 8.01-227.6, and “health care provider” is likewise central to that same exemption in § 8.01-227.6.

Amendment History

2002, c. 863.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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