{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3705.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3705.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3705.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3705.5.html"}],"law_id":60253,"edition_id":1,"section_id":60253,"structure_id":12976,"section_number":"2.2-3705.5","catch_line":"Exclusions to application of chapter; health and social services records","history":"1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, \u00a7 2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657, 720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, \u00a7 2.2-3705; 2002, cc. 87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003, cc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, cc. 65, 666, 690, 773, 1014, 1021; 2005, cc. 181, 227, 716; 2008, c. 539; 2009, cc. 472, 813, 840; 2011, cc. 110, 175, 535; 2012, cc. 476, 479, 507, 803, 835; 2015, cc. 22, 108, 127; 2016, cc. 620, 716; 2017, cc. 188, 475, 600, 719, 778; 2018, c. 600; 2019, c. 834; 2020, cc. 851, 860, 861; 2023, cc. 628, 629; 2025, cc. 149, 156.","full_text":"The following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law. Redaction of information excluded under this section from a public record shall be conducted in accordance with \u00a7 2.2-3704.01.\n\n1\n\nHealth records, except that such records may be personally reviewed by the individual who is the subject of such records, as provided in subsection F of § 32.1-127.1:03.\n\t\t\tWhere the person who is the subject of health records is confined in a state or local correctional facility, the administrator or chief medical officer of such facility may assert such confined person’s right of access to the health records if the administrator or chief medical officer has reasonable cause to believe that such confined person has an infectious disease or other medical condition from which other persons so confined need to be protected. Health records shall only be reviewed and shall not be copied by such administrator or chief medical officer. The information in the health records of a person so confined shall continue to be confidential and shall not be disclosed by the administrator or chief medical officer of the facility to any person except the subject or except as provided by law.\n\t\t\tWhere the person who is the subject of health records is under the age of 18, his right of access may be asserted only by his guardian or his parent, including a noncustodial parent, unless such parent’s parental rights have been terminated, a court of competent jurisdiction has restricted or denied such access, or a parent has been denied access to the health record in accordance with § 20-124.6. In instances where the person who is the subject thereof is an emancipated minor, a student in a public institution of higher education, or is a minor who has consented to his own treatment as authorized by § 16.1-338 or 54.1-2969, the right of access may be asserted by the subject person.\n\t\t\tFor the purposes of this chapter, statistical summaries of incidents and statistical data concerning abuse of individuals receiving services compiled by the Commissioner of Behavioral Health and Developmental Services shall be disclosed. No such summaries or data shall include any information that identifies specific individuals receiving services.2\n\nApplications for admission to examinations or for licensure and scoring records maintained by the Department of Health Professions or any board in that department on individual licensees or applicants; information required to be provided to the Department of Health Professions by certain licensees pursuant to § 54.1-2506.1; information held by the Health Practitioners’ Monitoring Program Committee within the Department of Health Professions that identifies any practitioner who may be, or who is actually, impaired to the extent that disclosure is prohibited by § 54.1-2517; and information relating to the prescribing and dispensing of covered substances to recipients and any abstracts from such information that are in the possession of the Prescription Monitoring Program (Program) pursuant to Chapter 25.2 (§ 54.1-2519 et seq.) of Title 54.1 and any material relating to the operation or security of the Program.3\n\nReports, documentary evidence, and other information as specified in §§ 51.5-122 and 51.5-184 and Chapter 1 (§ 63.2-100 et seq.) of Title 63.2 and information and statistical registries required to be kept confidential pursuant to Chapter 1 (§ 63.2-100 et seq.) of Title 63.2.4\n\nInvestigative notes; proprietary information not published, copyrighted or patented; information obtained from employee personnel records; personally identifiable information regarding residents, clients or other recipients of services; other correspondence and information furnished in confidence to the Department of Education in connection with an active investigation of an applicant or licensee pursuant to Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1; other correspondence and information furnished in confidence to the Department of Social Services in connection with an active investigation of an applicant or licensee pursuant to Chapters 17 (§ 63.2-1700 et seq.) and 18 (§ 63.2-1800 et seq.) of Title 63.2; and information furnished to the Office of the Attorney General in connection with an investigation or litigation pursuant to Article 19.1 (§ 8.01-216.1 et seq.) of Chapter 3 of Title 8.01 and Chapter 9 (§ 32.1-310 et seq.) of Title 32.1. However, nothing in this subdivision shall prevent the disclosure of information from the records of completed investigations in a form that does not reveal the identity of complainants, persons supplying information, or other individuals involved in the investigation.5\n\nInformation collected for the designation and verification of trauma centers and other specialty care centers within the Statewide Emergency Medical Services System and Services pursuant to Article 2.1 (§ 32.1-111.1 et seq.) of Chapter 4 of Title 32.1.6\n\nReports and court documents relating to involuntary admission required to be kept confidential pursuant to § 37.2-818.7\n\nInformation acquired (i) during a review of any child death conducted by the State Child Fatality Review Team established pursuant to § 32.1-283.1 or by a local or regional child fatality review team to the extent that such information is made confidential by § 32.1-283.2; (ii) during a review of any death conducted by a family violence fatality review team to the extent that such information is made confidential by § 32.1-283.3; (iii) during a review of any adult death conducted by the Adult Fatality Review Team to the extent made confidential by § 32.1-283.5 or by a local or regional adult fatality review team to the extent that such information is made confidential by § 32.1-283.6; (iv) by a local or regional overdose fatality review team to the extent that such information is made confidential by § 32.1-283.7; (v) during a review of any death conducted by the Maternal Mortality Review Team to the extent that such information is made confidential by § 32.1-283.8; or (vi) during a review of any death conducted by the Developmental Disabilities Mortality Review Committee to the extent that such information is made confidential by § 37.2-314.1.8\n\nPatient level data collected by the Board of Health and not yet processed, verified, and released, pursuant to § 32.1-276.9, to the Board by the nonprofit organization with which the Commissioner of Health has contracted pursuant to § 32.1-276.4.9\n\nInformation relating to a grant application, or accompanying a grant application, submitted to the Commonwealth Neurotrauma Initiative Advisory Board pursuant to Article 12 (§ 51.5-178 et seq.) of Chapter 14 of Title 51.5 that would (i) reveal (a) medical or mental health records or other data identifying individual patients or (b) proprietary business or research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, or scholarly issues, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant.10\n\nAny information copied, recorded, or received by the Commissioner of Health in the course of an examination, investigation, or review of a managed care health insurance plan licensee pursuant to §§ 32.1-137.4 and 32.1-137.5, including books, records, files, accounts, papers, documents, and any or all computer or other recordings.11\n\nRecords of the Virginia Birth-Related Neurological Injury Compensation Program required to be kept confidential pursuant to § 38.2-5002.2.12\n\nInformation held by the State Health Commissioner relating to the health of any person subject to an order of quarantine or an order of isolation pursuant to Article 3.02 (§ 32.1-48.05 et seq.) of Chapter 2 of Title 32.1. However, nothing in this subdivision shall be construed to prevent the disclosure of statistical summaries, abstracts, or other information in aggregate form.13\n\nThe names and addresses or other contact information of persons receiving transportation services from a state or local public body or its designee under Title II of the Americans with Disabilities Act, (42 U.S.C. § 12131 et seq.) or funded by Temporary Assistance for Needy Families (TANF) created under § 63.2-600.14\n\nInformation held by certain health care committees and entities that may be withheld from discovery as privileged communications pursuant to § 8.01-581.17.15\n\nData and information specified in § 37.2-308.01 relating to proceedings provided for in Article 16 (§ 16.1-335 et seq.) of Chapter 11 of Title 16.1 and Chapter 8 (§ 37.2-800 et seq.) of Title 37.2.16\n\nRecords of and information held by the Smartchart Network Program required to be kept confidential pursuant to § 32.1-372.17\n\nInformation submitted to the acute psychiatric bed registry pursuant to § 37.2-308.1.","order_by":null,"text":{"0":{"id":220358,"text":"The following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law. Redaction of information excluded under this section from a public record shall be conducted in accordance with \u00a7 2.2-3704.01.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":220359,"text":"Health records, except that such records may be personally reviewed by the individual who is the subject of such records, as provided in subsection F of § 32.1-127.1:03.\n\t\t\tWhere the person who is the subject of health records is confined in a state or local correctional facility, the administrator or chief medical officer of such facility may assert such confined person’s right of access to the health records if the administrator or chief medical officer has reasonable cause to believe that such confined person has an infectious disease or other medical condition from which other persons so confined need to be protected. Health records shall only be reviewed and shall not be copied by such administrator or chief medical officer. The information in the health records of a person so confined shall continue to be confidential and shall not be disclosed by the administrator or chief medical officer of the facility to any person except the subject or except as provided by law.\n\t\t\tWhere the person who is the subject of health records is under the age of 18, his right of access may be asserted only by his guardian or his parent, including a noncustodial parent, unless such parent’s parental rights have been terminated, a court of competent jurisdiction has restricted or denied such access, or a parent has been denied access to the health record in accordance with § 20-124.6. In instances where the person who is the subject thereof is an emancipated minor, a student in a public institution of higher education, or is a minor who has consented to his own treatment as authorized by § 16.1-338 or 54.1-2969, the right of access may be asserted by the subject person.\n\t\t\tFor the purposes of this chapter, statistical summaries of incidents and statistical data concerning abuse of individuals receiving services compiled by the Commissioner of Behavioral Health and Developmental Services shall be disclosed. No such summaries or data shall include any information that identifies specific individuals receiving services.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":220360,"text":"Applications for admission to examinations or for licensure and scoring records maintained by the Department of Health Professions or any board in that department on individual licensees or applicants; information required to be provided to the Department of Health Professions by certain licensees pursuant to § 54.1-2506.1; information held by the Health Practitioners’ Monitoring Program Committee within the Department of Health Professions that identifies any practitioner who may be, or who is actually, impaired to the extent that disclosure is prohibited by § 54.1-2517; and information relating to the prescribing and dispensing of covered substances to recipients and any abstracts from such information that are in the possession of the Prescription Monitoring Program (Program) pursuant to Chapter 25.2 (§ 54.1-2519 et seq.) of Title 54.1 and any material relating to the operation or security of the Program.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":220361,"text":"Reports, documentary evidence, and other information as specified in §§ 51.5-122 and 51.5-184 and Chapter 1 (§ 63.2-100 et seq.) of Title 63.2 and information and statistical registries required to be kept confidential pursuant to Chapter 1 (§ 63.2-100 et seq.) of Title 63.2.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":220362,"text":"Investigative notes; proprietary information not published, copyrighted or patented; information obtained from employee personnel records; personally identifiable information regarding residents, clients or other recipients of services; other correspondence and information furnished in confidence to the Department of Education in connection with an active investigation of an applicant or licensee pursuant to Chapter 14.1 (§ 22.1-289.02 et seq.) of Title 22.1; other correspondence and information furnished in confidence to the Department of Social Services in connection with an active investigation of an applicant or licensee pursuant to Chapters 17 (§ 63.2-1700 et seq.) and 18 (§ 63.2-1800 et seq.) of Title 63.2; and information furnished to the Office of the Attorney General in connection with an investigation or litigation pursuant to Article 19.1 (§ 8.01-216.1 et seq.) of Chapter 3 of Title 8.01 and Chapter 9 (§ 32.1-310 et seq.) of Title 32.1. However, nothing in this subdivision shall prevent the disclosure of information from the records of completed investigations in a form that does not reveal the identity of complainants, persons supplying information, or other individuals involved in the investigation.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":220363,"text":"Information collected for the designation and verification of trauma centers and other specialty care centers within the Statewide Emergency Medical Services System and Services pursuant to Article 2.1 (§ 32.1-111.1 et seq.) of Chapter 4 of Title 32.1.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":220364,"text":"Reports and court documents relating to involuntary admission required to be kept confidential pursuant to § 37.2-818.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":220365,"text":"Information acquired (i) during a review of any child death conducted by the State Child Fatality Review Team established pursuant to § 32.1-283.1 or by a local or regional child fatality review team to the extent that such information is made confidential by § 32.1-283.2; (ii) during a review of any death conducted by a family violence fatality review team to the extent that such information is made confidential by § 32.1-283.3; (iii) during a review of any adult death conducted by the Adult Fatality Review Team to the extent made confidential by § 32.1-283.5 or by a local or regional adult fatality review team to the extent that such information is made confidential by § 32.1-283.6; (iv) by a local or regional overdose fatality review team to the extent that such information is made confidential by § 32.1-283.7; (v) during a review of any death conducted by the Maternal Mortality Review Team to the extent that such information is made confidential by § 32.1-283.8; or (vi) during a review of any death conducted by the Developmental Disabilities Mortality Review Committee to the extent that such information is made confidential by § 37.2-314.1.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":220366,"text":"Patient level data collected by the Board of Health and not yet processed, verified, and released, pursuant to § 32.1-276.9, to the Board by the nonprofit organization with which the Commissioner of Health has contracted pursuant to § 32.1-276.4.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":220367,"text":"Information relating to a grant application, or accompanying a grant application, submitted to the Commonwealth Neurotrauma Initiative Advisory Board pursuant to Article 12 (§ 51.5-178 et seq.) of Chapter 14 of Title 51.5 that would (i) reveal (a) medical or mental health records or other data identifying individual patients or (b) proprietary business or research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, or scholarly issues, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":220368,"text":"Any information copied, recorded, or received by the Commissioner of Health in the course of an examination, investigation, or review of a managed care health insurance plan licensee pursuant to §§ 32.1-137.4 and 32.1-137.5, including books, records, files, accounts, papers, documents, and any or all computer or other recordings.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":220369,"text":"Records of the Virginia Birth-Related Neurological Injury Compensation Program required to be kept confidential pursuant to § 38.2-5002.2.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":220370,"text":"Information held by the State Health Commissioner relating to the health of any person subject to an order of quarantine or an order of isolation pursuant to Article 3.02 (§ 32.1-48.05 et seq.) of Chapter 2 of Title 32.1. However, nothing in this subdivision shall be construed to prevent the disclosure of statistical summaries, abstracts, or other information in aggregate form.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":220371,"text":"The names and addresses or other contact information of persons receiving transportation services from a state or local public body or its designee under Title II of the Americans with Disabilities Act, (42 U.S.C. § 12131 et seq.) or funded by Temporary Assistance for Needy Families (TANF) created under § 63.2-600.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"14":{"id":220372,"text":"Information held by certain health care committees and entities that may be withheld from discovery as privileged communications pursuant to § 8.01-581.17.","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13","next_prefix":"15"},"15":{"id":220373,"text":"Data and information specified in § 37.2-308.01 relating to proceedings provided for in Article 16 (§ 16.1-335 et seq.) of Chapter 11 of Title 16.1 and Chapter 8 (§ 37.2-800 et seq.) of Title 37.2.","type":"section","prefixes":["15"],"prefix":"15","entire_prefix":"15","prefix_anchor":"15","level":1,"prior_prefix":"14","next_prefix":"16"},"16":{"id":220374,"text":"Records of and information held by the Smartchart Network Program required to be kept confidential pursuant to § 32.1-372.","type":"section","prefixes":["16"],"prefix":"16","entire_prefix":"16","prefix_anchor":"16","level":1,"prior_prefix":"15","next_prefix":"17"},"17":{"id":220375,"text":"Information submitted to the acute psychiatric bed registry pursuant to § 37.2-308.1.","type":"section","prefixes":["17"],"prefix":"17","entire_prefix":"17","prefix_anchor":"17","level":1,"prior_prefix":"16"}},"ancestry":[{"id":12976,"edition_id":1,"name":"Virginia Freedom of Information Act","identifier":"37","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":176447,"object_type":"structure","relational_id":12976,"identifier":"37","token":"2.2\/II\/B\/37","url":"\/2.2\/II\/B\/37\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55569,"structure_id":12976,"section_number":"2.2-3700","catch_line":"Short title; 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exclusions of general application to public bodies","url":"\/2.2-3705.1\/","token":"2.2\/II\/B\/37\/2.2-3705.1","metadata":false},{"id":67553,"structure_id":12976,"section_number":"2.2-3705.2","catch_line":"Exclusions to application of chapter; records relating to public safety","url":"\/2.2-3705.2\/","token":"2.2\/II\/B\/37\/2.2-3705.2","metadata":false},{"id":77912,"structure_id":12976,"section_number":"2.2-3705.3","catch_line":"(Effective July 1, 2026) Exclusions to application of chapter; records relating to administrative investigations","url":"\/2.2-3705.3\/","token":"2.2\/II\/B\/37\/2.2-3705.3","metadata":false},{"id":69909,"structure_id":12976,"section_number":"2.2-3705.4","catch_line":"Exclusions to application of chapter; educational records and certain records of educational institutions","url":"\/2.2-3705.4\/","token":"2.2\/II\/B\/37\/2.2-3705.4","metadata":false},{"id":60253,"structure_id":12976,"section_number":"2.2-3705.5","catch_line":"Exclusions to application of chapter; health and social services records","url":"\/2.2-3705.5\/","token":"2.2\/II\/B\/37\/2.2-3705.5","metadata":false},{"id":59772,"structure_id":12976,"section_number":"2.2-3705.6","catch_line":"Exclusions to application of chapter; proprietary records and trade secrets","url":"\/2.2-3705.6\/","token":"2.2\/II\/B\/37\/2.2-3705.6","metadata":false},{"id":79544,"structure_id":12976,"section_number":"2.2-3705.7","catch_line":"Exclusions to application of chapter; records of specific public bodies and certain other limited exclusions","url":"\/2.2-3705.7\/","token":"2.2\/II\/B\/37\/2.2-3705.7","metadata":false},{"id":59878,"structure_id":12976,"section_number":"2.2-3705.8","catch_line":"Limitation on record exclusions","url":"\/2.2-3705.8\/","token":"2.2\/II\/B\/37\/2.2-3705.8","metadata":false},{"id":76628,"structure_id":12976,"section_number":"2.2-3706","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement and criminal records; limitations","url":"\/2.2-3706\/","token":"2.2\/II\/B\/37\/2.2-3706","metadata":false},{"id":78370,"structure_id":12976,"section_number":"2.2-3706.1","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations","url":"\/2.2-3706.1\/","token":"2.2\/II\/B\/37\/2.2-3706.1","metadata":false},{"id":58697,"structure_id":12976,"section_number":"2.2-3707","catch_line":"Meetings to be public; notice of meetings; recordings; minutes","url":"\/2.2-3707\/","token":"2.2\/II\/B\/37\/2.2-3707","metadata":false},{"id":58814,"structure_id":12976,"section_number":"2.2-3707.01","catch_line":"Meetings of the General Assembly","url":"\/2.2-3707.01\/","token":"2.2\/II\/B\/37\/2.2-3707.01","metadata":false},{"id":79260,"structure_id":12976,"section_number":"2.2-3707.02","catch_line":"Meetings of Virginia Parole Board","url":"\/2.2-3707.02\/","token":"2.2\/II\/B\/37\/2.2-3707.02","metadata":false},{"id":66397,"structure_id":12976,"section_number":"2.2-3707.1","catch_line":"Posting of minutes for state boards and commissions","url":"\/2.2-3707.1\/","token":"2.2\/II\/B\/37\/2.2-3707.1","metadata":false},{"id":58470,"structure_id":12976,"section_number":"2.2-3707.2","catch_line":"Posting of minutes for local public bodies","url":"\/2.2-3707.2\/","token":"2.2\/II\/B\/37\/2.2-3707.2","metadata":false},{"id":87037,"structure_id":12976,"section_number":"2.2-3708","catch_line":"Repealed","url":"\/2.2-3708\/","token":"2.2\/II\/B\/37\/2.2-3708","metadata":false},{"id":55165,"structure_id":12976,"section_number":"2.2-3708.1","catch_line":"Repealed","url":"\/2.2-3708.1\/","token":"2.2\/II\/B\/37\/2.2-3708.1","metadata":false},{"id":78376,"structure_id":12976,"section_number":"2.2-3708.2","catch_line":"Meetings held through electronic communication means during declared states of emergency","url":"\/2.2-3708.2\/","token":"2.2\/II\/B\/37\/2.2-3708.2","metadata":false},{"id":54063,"structure_id":12976,"section_number":"2.2-3708.3","catch_line":"Meetings held through electronic communication means; situations other than declared states of emergency","url":"\/2.2-3708.3\/","token":"2.2\/II\/B\/37\/2.2-3708.3","metadata":false},{"id":84465,"structure_id":12976,"section_number":"2.2-3709","catch_line":"Expired","url":"\/2.2-3709\/","token":"2.2\/II\/B\/37\/2.2-3709","metadata":false},{"id":66505,"structure_id":12976,"section_number":"2.2-3710","catch_line":"Transaction of public business other than by votes at meetings prohibited","url":"\/2.2-3710\/","token":"2.2\/II\/B\/37\/2.2-3710","metadata":false},{"id":72789,"structure_id":12976,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","url":"\/2.2-3711\/","token":"2.2\/II\/B\/37\/2.2-3711","metadata":false},{"id":54622,"structure_id":12976,"section_number":"2.2-3712","catch_line":"Closed meetings procedures; certification of proceedings","url":"\/2.2-3712\/","token":"2.2\/II\/B\/37\/2.2-3712","metadata":false},{"id":69183,"structure_id":12976,"section_number":"2.2-3713","catch_line":"Proceedings for enforcement of chapter","url":"\/2.2-3713\/","token":"2.2\/II\/B\/37\/2.2-3713","metadata":false},{"id":73159,"structure_id":12976,"section_number":"2.2-3714","catch_line":"Violations and penalties","url":"\/2.2-3714\/","token":"2.2\/II\/B\/37\/2.2-3714","metadata":false},{"id":71321,"structure_id":12976,"section_number":"2.2-3715","catch_line":"Effect of advisory opinions from the Freedom of Information Advisory Council on liability for willful and knowing violations","url":"\/2.2-3715\/","token":"2.2\/II\/B\/37\/2.2-3715","metadata":false}],"previous_section":{"id":69909,"structure_id":12976,"section_number":"2.2-3705.4","catch_line":"Exclusions to application of chapter; educational records and certain records of educational institutions","url":"\/2.2-3705.4\/","token":"2.2\/II\/B\/37\/2.2-3705.4","metadata":false},"next_section":{"id":59772,"structure_id":12976,"section_number":"2.2-3705.6","catch_line":"Exclusions to application of chapter; proprietary records and trade secrets","url":"\/2.2-3705.6\/","token":"2.2\/II\/B\/37\/2.2-3705.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3705.5\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapters 485<\/a>, 518<\/a>, 703<\/a>, 726<\/a>, 793<\/a>, 849<\/a>, 852<\/a>, 867<\/a>, 868<\/a>, and 881<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 18 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2000, chapters 66<\/a>, 237<\/a>, 382<\/a>, 400<\/a>, 430<\/a>, 583<\/a>, 589<\/a>, 592<\/a>, 594<\/a>, 618<\/a>, 632<\/a>, 657<\/a>, 720<\/a>, 932<\/a>, 933<\/a>, 947<\/a>, 1006<\/a>, and 1064<\/a>; in 2001, chapters 288<\/a>, 518<\/a>, and 844<\/a>; in 2002, chapters 87<\/a>, 155<\/a>, 242<\/a>, 393<\/a>, 478<\/a>, 481<\/a>, 499<\/a>, 522<\/a>, 571<\/a>, 572<\/a>, 633<\/a>, 655<\/a>, 715<\/a>, 798<\/a>, and 830<\/a>; in 2003, chapters 274<\/a>, 307<\/a>, 327<\/a>, 332<\/a>, 358<\/a>, 704<\/a>, 801<\/a>, 884<\/a>, 891<\/a>, 893<\/a>, 897<\/a>, and 968<\/a>; in 2004, chapters 65<\/a>, 666<\/a>, 690<\/a>, 773<\/a>, 1014<\/a>, and 1021<\/a>; in 2005, chapters 181<\/a>, 227<\/a>, and 716<\/a>; in 2008, chapter 539<\/a>; in 2009, chapters 472<\/a>, 813<\/a>, and 840<\/a>; in 2011, chapters 110<\/a>, 175<\/a>, and 535<\/a>; in 2012, chapters 476<\/a>, 479<\/a>, 507<\/a>, 803<\/a>, and 835<\/a>; in 2015, chapters 22<\/a>, 108<\/a>, and 127<\/a>; in 2016, chapters 620<\/a> and 716<\/a>; in 2017, chapters 188<\/a>, 475<\/a>, 600<\/a>, 719<\/a>, and 778<\/a>; in 2018, chapter 600<\/a>; in 2019, chapter 834<\/a>; in 2020, chapters 851<\/a>, 860<\/a>, and 861<\/a>; in 2023, chapters 628<\/a> and 629<\/a>; in 2025, chapters 149<\/a> and 156<\/a>.<\/p>","references":[{"id":58445,"section_number":"2.2-3806","catch_line":"Rights of data subjects","order_by":null,"url":"\/2.2-3806\/"},{"id":60729,"section_number":"22.1-289.013","catch_line":"Investigation on receipt of application","order_by":null,"url":"\/22.1-289.013\/"},{"id":83516,"section_number":"32.1-283.1","catch_line":"State Child Fatality Review Team; membership; access to and maintenance of records; confidentiality; etc","order_by":null,"url":"\/32.1-283.1\/"},{"id":83036,"section_number":"32.1-283.2","catch_line":"Local and regional child fatality review teams established; membership; authority; confidentiality; immunity","order_by":null,"url":"\/32.1-283.2\/"},{"id":63867,"section_number":"32.1-283.3","catch_line":"Family violence fatality review teams established; model protocol and data management; membership; authority; confidentiality, etc","order_by":null,"url":"\/32.1-283.3\/"},{"id":60499,"section_number":"32.1-283.5","catch_line":"Adult Fatality Review Team; duties; membership; confidentiality; penalties; report; etc","order_by":null,"url":"\/32.1-283.5\/"},{"id":66954,"section_number":"32.1-283.6","catch_line":"Local and regional adult fatality review teams established; membership; authority; confidentiality; immunity","order_by":null,"url":"\/32.1-283.6\/"},{"id":64217,"section_number":"32.1-283.7","catch_line":"Local and regional overdose fatality review teams established; membership; authority; confidentiality; immunity","order_by":null,"url":"\/32.1-283.7\/"},{"id":74829,"section_number":"32.1-283.8","catch_line":"Maternal Mortality Review Team; duties; membership; confidentiality; penalties; report; etc","order_by":null,"url":"\/32.1-283.8\/"},{"id":72394,"section_number":"32.1-321.01","catch_line":"Exemptions from disclosure","order_by":null,"url":"\/32.1-321.01\/"},{"id":82101,"section_number":"37.2-314.1","catch_line":"Developmental Disabilities Mortality Review Committee; duties; membership; confidentiality; report; penalty","order_by":null,"url":"\/37.2-314.1\/"},{"id":64901,"section_number":"54.1-2517","catch_line":"Health Practitioners' Monitoring Program Committee; certain meetings, decisions to be excepted from the Freedom of Information Act; confidentiality of records; immunity from liability","order_by":null,"url":"\/54.1-2517\/"},{"id":56919,"section_number":"54.1-2523","catch_line":"Confidentiality of data; disclosure of information; discretionary authority of Director","order_by":null,"url":"\/54.1-2523\/"},{"id":57567,"section_number":"63.2-1702","catch_line":"Investigation on receipt of application","order_by":null,"url":"\/63.2-1702\/"}],"refers_to":[{"id":74549,"section_number":"16.1-335","catch_line":"Short title","order_by":null,"url":"\/16.1-335\/"},{"id":77269,"section_number":"16.1-338","catch_line":"Parental admission of minors younger than 14 and nonobjecting minors 14 years of age or older","order_by":null,"url":"\/16.1-338\/"},{"id":59602,"section_number":"2.2-3704.01","catch_line":"Records containing both excluded and nonexcluded information; duty to redact","order_by":null,"url":"\/2.2-3704.01\/"},{"id":77145,"section_number":"20-124.6","catch_line":"Access to minor's records","order_by":null,"url":"\/20-124.6\/"},{"id":83341,"section_number":"22.1-289.02","catch_line":"Definitions","order_by":null,"url":"\/22.1-289.02\/"},{"id":74269,"section_number":"32.1-111.1","catch_line":"Definitions","order_by":null,"url":"\/32.1-111.1\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":80091,"section_number":"32.1-137.4","catch_line":"Examination, review or investigation","order_by":null,"url":"\/32.1-137.4\/"},{"id":61098,"section_number":"32.1-137.5","catch_line":"Civil penalties; probation; suspension; restriction or prohibition of new enrollments to managed care health insurance plan licensee; revocation or nonrenewal of certificate of quality assurance; appeal process; correction","order_by":null,"url":"\/32.1-137.5\/"},{"id":80143,"section_number":"32.1-276.9","catch_line":"Confidentiality, subsequent release of data and relief from liability for reporting; penalty for wrongful disclosure; individual action for damages","order_by":null,"url":"\/32.1-276.9\/"},{"id":83516,"section_number":"32.1-283.1","catch_line":"State Child Fatality Review Team; membership; access to and maintenance of records; confidentiality; etc","order_by":null,"url":"\/32.1-283.1\/"},{"id":83036,"section_number":"32.1-283.2","catch_line":"Local and regional child fatality review teams established; membership; authority; confidentiality; immunity","order_by":null,"url":"\/32.1-283.2\/"},{"id":63867,"section_number":"32.1-283.3","catch_line":"Family violence fatality review teams established; model protocol and data management; membership; authority; confidentiality, etc","order_by":null,"url":"\/32.1-283.3\/"},{"id":60499,"section_number":"32.1-283.5","catch_line":"Adult Fatality Review Team; duties; membership; confidentiality; penalties; report; etc","order_by":null,"url":"\/32.1-283.5\/"},{"id":66954,"section_number":"32.1-283.6","catch_line":"Local and regional adult fatality review teams established; membership; authority; confidentiality; immunity","order_by":null,"url":"\/32.1-283.6\/"},{"id":64217,"section_number":"32.1-283.7","catch_line":"Local and regional overdose fatality review teams established; membership; authority; confidentiality; immunity","order_by":null,"url":"\/32.1-283.7\/"},{"id":74829,"section_number":"32.1-283.8","catch_line":"Maternal Mortality Review Team; duties; membership; confidentiality; penalties; report; etc","order_by":null,"url":"\/32.1-283.8\/"},{"id":85954,"section_number":"32.1-310","catch_line":"Declaration of purpose; authority to audit records; authority to review complaints of abuse or neglect","order_by":null,"url":"\/32.1-310\/"},{"id":72908,"section_number":"32.1-48.05","catch_line":"Application of article; determination of exceptional circumstances; regulations; duties of the State Health Commissioner not be delegated","order_by":null,"url":"\/32.1-48.05\/"},{"id":85097,"section_number":"37.2-308.01","catch_line":"Commitment hearings for involuntary admissions; data sharing","order_by":null,"url":"\/37.2-308.01\/"},{"id":58069,"section_number":"37.2-308.1","catch_line":"Acute psychiatric bed registry","order_by":null,"url":"\/37.2-308.1\/"},{"id":76779,"section_number":"37.2-800","catch_line":"(Effective July 1, 2026). Applicability of chapter","order_by":null,"url":"\/37.2-800\/"},{"id":80461,"section_number":"51.5-122","catch_line":"Confidential records and information concerning adult services and adult protective services; penalty","order_by":null,"url":"\/51.5-122\/"},{"id":80494,"section_number":"51.5-178","catch_line":"Definitions","order_by":null,"url":"\/51.5-178\/"},{"id":75641,"section_number":"51.5-184","catch_line":"Confidentiality of records of Office of the State Long-Term Care Ombudsman","order_by":null,"url":"\/51.5-184\/"},{"id":78543,"section_number":"54.1-2506.1","catch_line":"Submission of required information","order_by":null,"url":"\/54.1-2506.1\/"},{"id":64901,"section_number":"54.1-2517","catch_line":"Health Practitioners' Monitoring Program Committee; certain meetings, decisions to be excepted from the Freedom of Information Act; confidentiality of records; immunity from liability","order_by":null,"url":"\/54.1-2517\/"},{"id":68394,"section_number":"54.1-2519","catch_line":"Definitions","order_by":null,"url":"\/54.1-2519\/"},{"id":54830,"section_number":"54.1-2969","catch_line":"Authority to consent to surgical and medical treatment of certain minors","order_by":null,"url":"\/54.1-2969\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"id":78121,"section_number":"63.2-1700","catch_line":"Application fees; regulations and schedules; use of fees; certain facilities, centers, and agencies exempt","order_by":null,"url":"\/63.2-1700\/"},{"id":54185,"section_number":"63.2-1800","catch_line":"Licensure requirements","order_by":null,"url":"\/63.2-1800\/"},{"id":63269,"section_number":"8.01-216.1","catch_line":"Citation","order_by":null,"url":"\/8.01-216.1\/"}],"permalink":{"id":176509,"object_type":"law","relational_id":60253,"identifier":"2.2-3705.5","token":"2.2\/II\/B\/37\/2.2-3705.5","url":"\/2.2-3705.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3705.5\/","token":"2.2\/II\/B\/37\/2.2-3705.5","dublin_core":{"Title":"Exclusions to application of chapter; health and social services records","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3705.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law<\/span>. Redaction of information excluded under this section from a public record shall be conducted in accordance with \u00a7 2.2-3704.01<\/a>.<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Health records, except that such records may be personally reviewed by the individual who is the subject of such records, as provided in subsection F of § 32.1-127.1:03<\/a>.\n\t\t\tWhere the person who is the subject of health records is confined in a state or local correctional facility, the administrator or chief medical officer of such facility may assert such confined person’s right of access to the health records if the administrator or chief medical officer has reasonable cause to believe that such confined person has an infectious disease or other medical condition from which other persons so confined need to be protected. Health records shall only be reviewed and shall not be copied by such administrator or chief medical officer. The information in the health records of a person so confined shall continue to be confidential and shall not be disclosed by the administrator or chief medical officer of the facility to any person except the subject or except as provided by law<\/span>.\n\t\t\tWhere the person who is the subject of health records is under the age of 18, his right of access may be asserted only by his guardian or his parent, including a noncustodial parent, unless such parent’s parental rights have been terminated, a court<\/span> of competent jurisdiction<\/span> has restricted or denied such access, or a parent has been denied access to the health record in accordance with § 20-124.6<\/a>. In instances where the person who is the subject thereof is an emancipated minor<\/span>, a student in a public institution of higher education, or is a minor<\/span> who has consented to his own treatment as authorized by § 16.1-338<\/a> or 54.1-2969<\/a>, the right of access may be asserted by the subject person.\n\t\t\tFor the purposes of this chapter, statistical summaries of incidents and statistical data concerning abuse of individuals receiving services compiled by the Commissioner of Behavioral Health and Developmental Services shall be disclosed. No such summaries or data shall include any information that identifies specific individuals receiving services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Applications for admission to examinations or for licensure and scoring records maintained by the Department of Health Professions or any board in that department on individual licensees or applicants; information required to be provided to the Department of Health Professions by certain licensees pursuant to § 54.1-2506.1<\/a>; information held by the Health Practitioners’ Monitoring Program Committee within the Department of Health Professions that identifies any practitioner who may be, or who is actually, impaired to the extent that disclosure is prohibited by § 54.1-2517<\/a>; and information relating to the prescribing and dispensing of covered substances to recipients and any abstracts from such information that are in the possession<\/span> of the Prescription Monitoring Program (Program) pursuant to Chapter 25.2 (§ 54.1-2519<\/a> et seq.) of Title 54.1 and any material<\/span> relating to the operation or security of the Program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Reports, documentary evidence<\/span>, and other information as specified in §§ 51.5-122<\/a> and 51.5-184<\/a> and Chapter 1 (§ 63.2-100<\/a> et seq.) of Title 63.2 and information and statistical registries required to be kept confidential pursuant to Chapter 1 (§ 63.2-100<\/a> et seq.) of Title 63.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Investigative notes; proprietary information not published, copyrighted or patented; information obtained from employee personnel records; personally identifiable information regarding residents, clients or other recipients of services; other correspondence and information furnished in confidence to the Department of Education in connection with an active investigation of an applicant or licensee pursuant to Chapter 14.1 (§ 22.1-289.02<\/a> et seq.) of Title 22.1; other correspondence and information furnished in confidence to the Department of Social Services in connection with an active investigation of an applicant or licensee pursuant to Chapters 17 (§ 63.2-1700<\/a> et seq.) and 18 (§ 63.2-1800<\/a> et seq.) of Title 63.2; and information furnished to the Office of the Attorney General<\/span> in connection with an investigation or litigation<\/span> pursuant to Article 19.1 (§ 8.01-216.1<\/a> et seq.) of Chapter 3 of Title 8.01 and Chapter 9 (§ 32.1-310<\/a> et seq.) of Title 32.1. However, nothing in this subdivision shall prevent the disclosure of information from the records of completed investigations in a form that does not reveal the identity of complainants, persons supplying information, or other individuals involved in the investigation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Information collected for the designation and verification of trauma centers and other specialty care centers within the Statewide Emergency<\/span> Medical Services System and Services pursuant to Article 2.1 (§ 32.1-111.1<\/a> et seq.) of Chapter 4 of Title 32.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Reports and court<\/span> documents relating to involuntary admission required to be kept confidential pursuant to § 37.2-818<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Information acquired (i) during a review of any child death conducted by the State Child Fatality Review Team established pursuant to § 32.1-283.1<\/a> or by a local or regional child fatality review team to the extent that such information is made confidential by § 32.1-283.2<\/a>; (ii) during a review of any death conducted by a family violence fatality review team to the extent that such information is made confidential by § 32.1-283.3<\/a>; (iii) during a review of any adult death conducted by the Adult Fatality Review Team to the extent made confidential by § 32.1-283.5<\/a> or by a local or regional adult fatality review team to the extent that such information is made confidential by § 32.1-283.6<\/a>; (iv) by a local or regional overdose fatality review team to the extent that such information is made confidential by § 32.1-283.7<\/a>; (v) during a review of any death conducted by the Maternal Mortality Review Team to the extent that such information is made confidential by § 32.1-283.8<\/a>; or (vi) during a review of any death conducted by the Developmental Disabilities Mortality Review Committee to the extent that such information is made confidential by § 37.2-314.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Patient level data collected by the Board of Health and not yet processed, verified, and released, pursuant to § 32.1-276.9<\/a>, to the Board by the nonprofit organization with which the Commissioner of Health has contracted pursuant to § 32.1-276.4<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Information relating to a grant application, or accompanying a grant application, submitted to the Commonwealth Neurotrauma Initiative Advisory Board pursuant to Article 12 (§ 51.5-178<\/a> et seq.) of Chapter 14 of Title 51.5 that would (i) reveal (a) medical or mental health records or other data identifying individual patients or (b) proprietary business or research-related information produced or collected by the applicant in the conduct of or as a result of study or research on medical, rehabilitative, scientific, technical, or scholarly issues<\/span>, when such information has not been publicly released, published, copyrighted, or patented, and (ii) be harmful to the competitive position of the applicant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Any information copied, recorded, or received by the Commissioner of Health in the course of an examination, investigation, or review of a managed care health insurance plan licensee pursuant to §§ 32.1-137.4<\/a> and 32.1-137.5<\/a>, including books, records, files, accounts, papers, documents, and any or all computer or other recordings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Records of the Virginia Birth-Related Neurological Injury Compensation Program required to be kept confidential pursuant to § 38.2-5002.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Information held by the State Health Commissioner relating to the health of any person subject to an order<\/span> of quarantine or an order<\/span> of isolation pursuant to Article 3.02 (§ 32.1-48.05<\/a> et seq.) of Chapter 2 of Title 32.1. However, nothing in this subdivision shall be construed to prevent the disclosure of statistical summaries, abstracts, or other information in aggregate form. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> The names and addresses or other contact information of persons receiving transportation services from a state or local public body<\/span> or its designee under Title II of the Americans with Disabilities Act, (42 U.S.C. § 12131 et seq.) or funded by Temporary Assistance for Needy Families (TANF) created under § 63.2-600<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Information held by certain health care committees and entities that may be withheld from discovery<\/span> as privileged communications pursuant to § 8.01-581.17<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Data and information specified in § 37.2-308.01<\/a> relating to proceedings provided for in Article 16 (§ 16.1-335<\/a> et seq.) of Chapter 11 of Title 16.1 and Chapter 8 (§ 37.2-800<\/a> et seq.) of Title 37.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Records of and information held by the Smartchart Network Program required to be kept confidential pursuant to § 32.1-372<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Information submitted to the acute psychiatric bed registry pursuant to § 37.2-308.1<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXCLUSIONS TO APPLICATION OF CHAPTER; HEALTH AND SOCIAL SERVICES RECORDS (\u00a7\n2.2-3705.5)\n\nThe following information contained in a public record is excluded from the\nmandatory disclosure provisions of this chapter but may be disclosed by the\ncustodian in his discretion, except where such disclosure is prohibited by law.\nRedaction of information excluded under this section from a public record shall\nbe conducted in accordance with \u00a7 2.2-3704.01.\n\n1. Health records, except that such records may be personally reviewed by the\nindividual who is the subject of such records, as provided in subsection F of\n§ 32.1-127.1:03.\n\t\t\tWhere the person who is the subject of health records is confined in a state\nor local correctional facility, the administrator or chief medical officer of\nsuch facility may assert such confined person’s right of access to the\nhealth records if the administrator or chief medical officer has reasonable\ncause to believe that such confined person has an infectious disease or other\nmedical condition from which other persons so confined need to be protected.\nHealth records shall only be reviewed and shall not be copied by such\nadministrator or chief medical officer. The information in the health records of\na person so confined shall continue to be confidential and shall not be\ndisclosed by the administrator or chief medical officer of the facility to any\nperson except the subject or except as provided by law.\n\t\t\tWhere the person who is the subject of health records is under the age of 18,\nhis right of access may be asserted only by his guardian or his parent,\nincluding a noncustodial parent, unless such parent’s parental rights have\nbeen terminated, a court of competent jurisdiction has restricted or denied such\naccess, or a parent has been denied access to the health record in accordance\nwith § 20-124.6. In instances where the person who is the subject thereof\nis an emancipated minor, a student in a public institution of higher education,\nor is a minor who has consented to his own treatment as authorized by §\n16.1-338 or 54.1-2969, the right of access may be asserted by the subject\nperson.\n\t\t\tFor the purposes of this chapter, statistical summaries of incidents and\nstatistical data concerning abuse of individuals receiving services compiled by\nthe Commissioner of Behavioral Health and Developmental Services shall be\ndisclosed. No such summaries or data shall include any information that\nidentifies specific individuals receiving services.\n\n2. Applications for admission to examinations or for licensure and scoring\nrecords maintained by the Department of Health Professions or any board in that\ndepartment on individual licensees or applicants; information required to be\nprovided to the Department of Health Professions by certain licensees pursuant\nto § 54.1-2506.1; information held by the Health Practitioners’\nMonitoring Program Committee within the Department of Health Professions that\nidentifies any practitioner who may be, or who is actually, impaired to the\nextent that disclosure is prohibited by § 54.1-2517; and information\nrelating to the prescribing and dispensing of covered substances to recipients\nand any abstracts from such information that are in the possession of the\nPrescription Monitoring Program (Program) pursuant to Chapter 25.2 (§\n54.1-2519 et seq.) of Title 54.1 and any material relating to the operation or\nsecurity of the Program.\n\n3. Reports, documentary evidence, and other information as specified in\n§§ 51.5-122 and 51.5-184 and Chapter 1 (§ 63.2-100 et seq.) of\nTitle 63.2 and information and statistical registries required to be kept\nconfidential pursuant to Chapter 1 (§ 63.2-100 et seq.) of Title 63.2.\n\n4. Investigative notes; proprietary information not published, copyrighted or\npatented; information obtained from employee personnel records; personally\nidentifiable information regarding residents, clients or other recipients of\nservices; other correspondence and information furnished in confidence to the\nDepartment of Education in connection with an active investigation of an\napplicant or licensee pursuant to Chapter 14.1 (§ 22.1-289.02 et seq.) of\nTitle 22.1; other correspondence and information furnished in confidence to the\nDepartment of Social Services in connection with an active investigation of an\napplicant or licensee pursuant to Chapters 17 (§ 63.2-1700 et seq.) and 18\n(§ 63.2-1800 et seq.) of Title 63.2; and information furnished to the\nOffice of the Attorney General in connection with an investigation or litigation\npursuant to Article 19.1 (§ 8.01-216.1 et seq.) of Chapter 3 of Title 8.01\nand Chapter 9 (§ 32.1-310 et seq.) of Title 32.1. However, nothing in this\nsubdivision shall prevent the disclosure of information from the records of\ncompleted investigations in a form that does not reveal the identity of\ncomplainants, persons supplying information, or other individuals involved in\nthe investigation.\n\n5. Information collected for the designation and verification of trauma centers\nand other specialty care centers within the Statewide Emergency Medical Services\nSystem and Services pursuant to Article 2.1 (§ 32.1-111.1 et seq.) of\nChapter 4 of Title 32.1.\n\n6. Reports and court documents relating to involuntary admission required to be\nkept confidential pursuant to § 37.2-818.\n\n7. Information acquired (i) during a review of any child death conducted by the\nState Child Fatality Review Team established pursuant to § 32.1-283.1 or by\na local or regional child fatality review team to the extent that such\ninformation is made confidential by § 32.1-283.2; (ii) during a review of\nany death conducted by a family violence fatality review team to the extent that\nsuch information is made confidential by § 32.1-283.3; (iii) during a\nreview of any adult death conducted by the Adult Fatality Review Team to the\nextent made confidential by § 32.1-283.5 or by a local or regional adult\nfatality review team to the extent that such information is made confidential by\n§ 32.1-283.6; (iv) by a local or regional overdose fatality review team to\nthe extent that such information is made confidential by § 32.1-283.7; (v)\nduring a review of any death conducted by the Maternal Mortality Review Team to\nthe extent that such information is made confidential by § 32.1-283.8; or\n(vi) during a review of any death conducted by the Developmental Disabilities\nMortality Review Committee to the extent that such information is made\nconfidential by § 37.2-314.1.\n\n8. Patient level data collected by the Board of Health and not yet processed,\nverified, and released, pursuant to § 32.1-276.9, to the Board by the\nnonprofit organization with which the Commissioner of Health has contracted\npursuant to § 32.1-276.4.\n\n9. Information relating to a grant application, or accompanying a grant\napplication, submitted to the Commonwealth Neurotrauma Initiative Advisory Board\npursuant to Article 12 (§ 51.5-178 et seq.) of Chapter 14 of Title 51.5\nthat would (i) reveal (a) medical or mental health records or other data\nidentifying individual patients or (b) proprietary business or research-related\ninformation produced or collected by the applicant in the conduct of or as a\nresult of study or research on medical, rehabilitative, scientific, technical,\nor scholarly issues, when such information has not been publicly released,\npublished, copyrighted, or patented, and (ii) be harmful to the competitive\nposition of the applicant.\n\n10. Any information copied, recorded, or received by the Commissioner of Health\nin the course of an examination, investigation, or review of a managed care\nhealth insurance plan licensee pursuant to §§ 32.1-137.4 and\n32.1-137.5, including books, records, files, accounts, papers, documents, and\nany or all computer or other recordings.\n\n11. Records of the Virginia Birth-Related Neurological Injury Compensation\nProgram required to be kept confidential pursuant to § 38.2-5002.2.\n\n12. Information held by the State Health Commissioner relating to the health of\nany person subject to an order of quarantine or an order of isolation pursuant\nto Article 3.02 (§ 32.1-48.05 et seq.) of Chapter 2 of Title 32.1. However,\nnothing in this subdivision shall be construed to prevent the disclosure of\nstatistical summaries, abstracts, or other information in aggregate form.\n\n13. The names and addresses or other contact information of persons receiving\ntransportation services from a state or local public body or its designee under\nTitle II of the Americans with Disabilities Act, (42 U.S.C. § 12131 et\nseq.) or funded by Temporary Assistance for Needy Families (TANF) created under\n§ 63.2-600.\n\n14. Information held by certain health care committees and entities that may be\nwithheld from discovery as privileged communications pursuant to §\n8.01-581.17.\n\n15. Data and information specified in § 37.2-308.01 relating to proceedings\nprovided for in Article 16 (§ 16.1-335 et seq.) of Chapter 11 of Title 16.1\nand Chapter 8 (§ 37.2-800 et seq.) of Title 37.2.\n\n16. Records of and information held by the Smartchart Network Program required\nto be kept confidential pursuant to § 32.1-372.\n\n17. Information submitted to the acute psychiatric bed registry pursuant to\n§ 37.2-308.1.\n\nHISTORY: 1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, \u00a7\n2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657,\n720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, \u00a7 2.2-3705; 2002, cc.\n87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003,\ncc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, cc. 65,\n666, 690, 773, 1014, 1021; 2005, cc. 181, 227, 716; 2008, c. 539; 2009, cc. 472,\n813, 840; 2011, cc. 110, 175, 535; 2012, cc. 476, 479, 507, 803, 835; 2015, cc.\n22, 108, 127; 2016, cc. 620, 716; 2017, cc. 188, 475, 600, 719, 778; 2018, c.\n600; 2019, c. 834; 2020, cc. 851, 860, 861; 2023, cc. 628, 629; 2025, cc. 149,\n156.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}