I agree with codification, if the codification represents the decision. My point is this. It doesn't clarify this confusion. Calling this a codification of J.A. adds confusion. It is not a codification of J.A. A codification of J.A. would refer to the specific principle that you cannot consent in advance to sex that will occur while unconscious.
The second thing I want to note is that yes, it's true. The provision, as Professor Mathen points out, is open-ended, but one interpretation of that provision might be that it refers to other forms of incapacity, such as disability, as opposed to states that fall short of unconsciousness. I worry that we will be giving some sort of signal to judges that the key is unconsciousness, and there may be other forms of mental illness, for example, or mental disability that can amount to these other forms of incapacity.