32.1-283.4 - Confidentiality of certain information and records collected and maintained by the Office of the Chief Medical Examiner. - Virginia Statutes

§ 32.1-283.4. Confidentiality of certain information and records collectedand maintained by the Office of the Chief Medical Examiner.

A. Confidential records and information obtained from private and publicentities and provided to the Office of the Chief Medical Examiner during thecourse of a death investigation shall remain confidential and shall not besubject to the provisions of the Virginia Freedom of Information Act (§2.2-3700 et seq.).

B. Information and records concerning a decedent collected and maintained bythe Office of the Chief Medical Examiner during the course of surveillanceprograms or research or studies of deaths having public health importanceshall be confidential and may only be published in summary or aggregate formor as authorized by the Chief Medical Examiner.

C. The confidential records and information set forth in subsections A and Bshall not be subject to subpoena, subpoena duces tecum, or discovery when inthe possession of the Office of the Chief Medical Examiner, or be admissiblein any criminal or civil proceeding through any discovery relating to theOffice. If available from other sources, however, such records andinformation shall not be immune from subpoena duces tecum, or discovery whenobtained through such other sources solely because the records andinformation were presented to the Office during a death investigation.

D. Nothing in this section shall be construed to prohibit the disclosure orpublication of the findings of investigations, surveillance programs,research, and studies in aggregate or statistical form from which personalidentifiers have been removed.

(2005, c. 37; 2007, c. 868.)