54.1-2400.7 - Practitioners treating other practitioners for certain disorders to make reports; immunity from liability. - Virginia Statutes

§ 54.1-2400.7. Practitioners treating other practitioners for certaindisorders to make reports; immunity from liability.

A. Every practitioner in the Commonwealth who is registered, certified, orlicensed by a health regulatory board or who holds a multistate licensureprivilege to practice nursing who treats professionally any personregistered, certified, or licensed by a health regulatory board or who holdsa multistate licensure privilege shall report, unless exempted by subsectionC hereof, to the Director of the Department of Health Professions wheneverany such health professional is treated for mental disorders, chemicaldependency or alcoholism, unless the attending practitioner has determinedthat there is a reasonable probability that the person being treated iscompetent to continue in practice or would not constitute danger to himselfor to the health and welfare of his patients or the public.

B. Any person making a report required by this section or testifying in ajudicial or administrative proceeding as a result of such report shall beimmune from any civil liability alleged to have resulted therefrom unlesssuch person acted in bad faith or with malicious intent.

C. Medical records or information learned or maintained in connection with analcohol or drug abuse prevention function that is conducted, regulated, ordirectly or indirectly assisted by any department or agency of the UnitedStates shall be exempt from the reporting requirements of this section to theextent that such reporting is in violation of 42 U.S.C. § 290dd-2 orregulations 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.)