A. Every practitioner in the Commonwealth who is registered, certified, or licensed by a health regulatory board or who holds a multistate licensure privilege to practice nursing who treats professionally any person registered, certified, or licensed by a health regulatory board or who holds a multistate licensure privilege shall report, unless exempted by subsection C hereof, to the Director of the Department of Health Professions whenever any such health professional is treated for mental disorders, chemical dependency or alcoholism, unless the attending practitioner has determined that there is a reasonable probability that the person being treated is competent to continue in practice or would not constitute danger to himself or to the health and welfare of his patients or the public.
B. Any person making a report required by this section or testifying in a judicial or administrative proceeding as a result of such report shall be immune from any civil liability alleged to have resulted therefrom unless such person acted in bad faith or with malicious intent.
C. Medical records or information learned or maintained in connection with an alcohol or drug abuse prevention function that is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States shall be exempt from the reporting requirements of this section to the extent that such reporting is in violation of 42 U.S.C. § 290dd-2 or regulations adopted thereunder.
Code 1950, § 54-317.2; 1966, c. 166; 1973, c. 529, § 54-317.3; 1974, c. 555; 1977, c. 639; 1978, c. 541; 1986, c. 434; 1988, c. 765, § 54.1-2907; 1996, cc. 937, 980; 2004, cc. 49, 64.
Structure Code of Virginia
Title 54.1 - Professions and Occupations
Chapter 24 - General Provisions
§ 54.1-2400. General powers and duties of health regulatory boards
§ 54.1-2400.01. Certain definition
§ 54.1-2400.01:1. Surgery defined; who may perform surgery
§ 54.1-2400.01:2. Ophthalmic prescription defined; who may provide ophthalmic prescriptions
§ 54.1-2400.1. Mental health service providers; duty to protect third parties; immunity
§ 54.1-2400.3. Disciplinary actions to be reported
§ 54.1-2400.4. Mental health service providers duty to inform; immunity; civil penalty
§ 54.1-2400.8. Immunity for reporting
§ 54.1-2400.9. Reporting disabilities of drivers
§ 54.1-2402. Citizen members on health regulatory boards
§ 54.1-2402.1. Appointments, removals, and limitation of terms of members of regulatory boards
§ 54.1-2403. Certain advertising prohibited
§ 54.1-2403.01. Routine component of prenatal care
§ 54.1-2403.02. Prenatal education; cord blood banking
§ 54.1-2403.1. Protocol for certain medical history screening required
§ 54.1-2403.3. Medical records; ownership; provision of copies
§ 54.1-2404. Itemized statements required upon request
§ 54.1-2404.1. Patient records
§ 54.1-2406. Treatment records of practitioners
§ 54.1-2407. Requirements for human research
§ 54.1-2408. Disqualification for license, certificate or registration
§ 54.1-2408.2. Minimum period for reinstatement after revocation
§ 54.1-2408.3. Practice pending appeal
§ 54.1-2408.4. Temporary authorization to practice
§ 54.1-2409. Mandatory suspension or revocation; reinstatement; hearing for reinstatement
§ 54.1-2409.2. Board to set criteria for determining need for professional regulation
§ 54.1-2409.3. Participation of advisory boards in disciplinary proceedings
§ 54.1-2409.4. Authority to receive laboratory results directly