{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-283.7.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-283.7.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-283.7.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-283.7.html"}],"law_id":64217,"edition_id":1,"section_id":64217,"structure_id":15516,"section_number":"32.1-283.7","catch_line":"Local and regional overdose fatality review teams established; membership; authority; confidentiality; immunity","history":"2018, c. 600.","full_text":"A\n\nAny county or city, or combination of counties, cities, or counties and cities, may establish a local or regional overdose fatality review team for the purpose of (i) conducting contemporaneous reviews of local overdose deaths, (ii) promoting cooperation and coordination among agencies involved in investigations of overdose deaths or in providing services to surviving family members, (iii) developing an understanding of the causes and incidence of overdose deaths in the locality, (iv) developing plans for and recommending changes within the agencies represented on the local team to prevent overdose deaths, and (v) advising the Department and other relevant state agencies on changes to law, policy, or practice to prevent overdose deaths.B\n\nA local or regional team may review the death of any person who resides in the Commonwealth and whose death was or is suspected to be due to overdose. Each team shall establish rules and procedures to govern the review process. Agencies may share information but shall be bound by confidentiality and execute a sworn statement to honor the confidentiality of the information they share. A violation of this subsection is punishable as a Class 3 misdemeanor. The Office of the Chief Medical Examiner may develop a model protocol for the development and implementation of local or regional overdose fatality review teams, and such model protocol may include relevant procedures for conducting reviews of overdose fatalities.C\n\nLocal and regional teams may be composed of the following persons from the localities represented on a particular board or their designees: a medical examiner appointed pursuant to &#xA7; 32.1-282, a local social services official, a director of the relevant local or district health department, a chief law-enforcement officer, an attorney for the Commonwealth, an executive director of the local community services board or other local mental health agency, a local judge, the local school division superintendent, a representative of a local jail or detention center, and such additional persons as may be appointed to serve by the chair of the local or regional team. The chair shall be elected from among the designated membership. The additional members appointed by the chair may include representatives of local human services agencies, local health care professionals who specialize in the prevention and treatment of substance abuse disorders, local emergency medical services personnel, a representative of a hospital, experts in forensic medicine and pathology, local funeral services providers, and representatives of the local bar.D\n\nEach local or regional team shall establish operating procedures to govern the review process prior to conducting the first overdose fatality review. The review of a death shall be delayed until any criminal investigations connected with the death are completed or the Commonwealth consents to the commencement of such review prior to the completion of the criminal investigation.E\n\nAll information and records obtained or created regarding a review of a fatality shall be confidential and shall be excluded from the Virginia Freedom of Information Act (&#xA7; 2.2-3700 et seq.) pursuant to subdivision 7 of &#xA7; 2.2-3705.5. All such information and records shall be used by the team only in the exercise of its proper purpose and function and shall not be disclosed. Such information and records shall not be subject to subpoena, subpoena duces tecum, discovery, or introduction into evidence when obtained through such other sources solely because the information and records were presented to the team during the fatality review. No person who participated in the review and no member of the team shall be required to make any statement as to what transpired during the review or what information was collected during the review. Upon the conclusion of the fatality review, all information and records concerning the victim and family shall be returned to the originating agency or destroyed. However, the findings of the team may be disclosed or published in statistical or other form that does not identify any individuals. The portions of meetings in which individual cases are discussed by the team shall be closed pursuant to subdivision A 21 of &#xA7; 2.2-3711. All team members, persons attending closed team meetings, and persons presenting information and records on specific fatalities to the team during closed meetings shall execute a sworn statement to honor the confidentiality of the information, records, discussions, and opinions disclosed during any closed meeting to review a specific death. A violation of this subsection is punishable as a Class 3 misdemeanor.F\n\nMembers of teams, as well as their agents and employees, shall be immune from civil liability for any act or omission made in connection with participation in an overdose fatality review team review, unless such act or omission was the result of gross negligence or willful misconduct. Any organization, institution, or person furnishing information, data, testimony, reports, or records to overdose fatality review teams as part of such review shall be immune from civil liability for any act or omission in furnishing such information, unless such act or omission was the result of gross negligence or willful misconduct.","order_by":null,"text":{"0":{"id":233762,"text":"Any county or city, or combination of counties, cities, or counties and cities, may establish a local or regional overdose fatality review team for the purpose of (i) conducting contemporaneous reviews of local overdose deaths, (ii) promoting cooperation and coordination among agencies involved in investigations of overdose deaths or in providing services to surviving family members, (iii) developing an understanding of the causes and incidence of overdose deaths in the locality, (iv) developing plans for and recommending changes within the agencies represented on the local team to prevent overdose deaths, and (v) advising the Department and other relevant state agencies on changes to law, policy, or practice to prevent overdose deaths.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":233763,"text":"A local or regional team may review the death of any person who resides in the Commonwealth and whose death was or is suspected to be due to overdose. Each team shall establish rules and procedures to govern the review process. Agencies may share information but shall be bound by confidentiality and execute a sworn statement to honor the confidentiality of the information they share. A violation of this subsection is punishable as a Class 3 misdemeanor. The Office of the Chief Medical Examiner may develop a model protocol for the development and implementation of local or regional overdose fatality review teams, and such model protocol may include relevant procedures for conducting reviews of overdose fatalities.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":233764,"text":"Local and regional teams may be composed of the following persons from the localities represented on a particular board or their designees: a medical examiner appointed pursuant to &#xA7; 32.1-282, a local social services official, a director of the relevant local or district health department, a chief law-enforcement officer, an attorney for the Commonwealth, an executive director of the local community services board or other local mental health agency, a local judge, the local school division superintendent, a representative of a local jail or detention center, and such additional persons as may be appointed to serve by the chair of the local or regional team. The chair shall be elected from among the designated membership. The additional members appointed by the chair may include representatives of local human services agencies, local health care professionals who specialize in the prevention and treatment of substance abuse disorders, local emergency medical services personnel, a representative of a hospital, experts in forensic medicine and pathology, local funeral services providers, and representatives of the local bar.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":233765,"text":"Each local or regional team shall establish operating procedures to govern the review process prior to conducting the first overdose fatality review. The review of a death shall be delayed until any criminal investigations connected with the death are completed or the Commonwealth consents to the commencement of such review prior to the completion of the criminal investigation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":233766,"text":"All information and records obtained or created regarding a review of a fatality shall be confidential and shall be excluded from the Virginia Freedom of Information Act (&#xA7; 2.2-3700 et seq.) pursuant to subdivision 7 of &#xA7; 2.2-3705.5. All such information and records shall be used by the team only in the exercise of its proper purpose and function and shall not be disclosed. Such information and records shall not be subject to subpoena, subpoena duces tecum, discovery, or introduction into evidence when obtained through such other sources solely because the information and records were presented to the team during the fatality review. No person who participated in the review and no member of the team shall be required to make any statement as to what transpired during the review or what information was collected during the review. Upon the conclusion of the fatality review, all information and records concerning the victim and family shall be returned to the originating agency or destroyed. However, the findings of the team may be disclosed or published in statistical or other form that does not identify any individuals. The portions of meetings in which individual cases are discussed by the team shall be closed pursuant to subdivision A 21 of &#xA7; 2.2-3711. All team members, persons attending closed team meetings, and persons presenting information and records on specific fatalities to the team during closed meetings shall execute a sworn statement to honor the confidentiality of the information, records, discussions, and opinions disclosed during any closed meeting to review a specific death. A violation of this subsection is punishable as a Class 3 misdemeanor.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":233767,"text":"Members of teams, as well as their agents and employees, shall be immune from civil liability for any act or omission made in connection with participation in an overdose fatality review team review, unless such act or omission was the result of gross negligence or willful misconduct. Any organization, institution, or person furnishing information, data, testimony, reports, or records to overdose fatality review teams as part of such review shall be immune from civil liability for any act or omission in furnishing such information, unless such act or omission was the result of gross negligence or willful misconduct.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15516,"edition_id":1,"name":"Chief Medical Examiner and Postmortem Examinations","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13612,"metadata":{},"date_created":"2026-06-26 03:55:44","date_modified":"2026-06-26 03:55:44","permalink":{"id":204385,"object_type":"structure","relational_id":15516,"identifier":"1","token":"32.1\/8\/1","url":"\/32.1\/8\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13612,"edition_id":1,"name":"Postmortem Examinations and Services","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:23","date_modified":"2026-06-26 03:45:23","permalink":{"id":204383,"object_type":"structure","relational_id":13612,"identifier":"8","token":"32.1\/8","url":"\/32.1\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63189,"structure_id":15516,"section_number":"32.1-277","catch_line":"Office of the Chief Medical Examiner; central and district offices and facilities","url":"\/32.1-277\/","token":"32.1\/8\/1\/32.1-277","metadata":false},{"id":69133,"structure_id":15516,"section_number":"32.1-278","catch_line":"Appointment and qualifications of Chief Medical Examiner","url":"\/32.1-278\/","token":"32.1\/8\/1\/32.1-278","metadata":false},{"id":79063,"structure_id":15516,"section_number":"32.1-279","catch_line":"Duties of Chief Medical Examiner; teaching legal medicine","url":"\/32.1-279\/","token":"32.1\/8\/1\/32.1-279","metadata":false},{"id":84728,"structure_id":15516,"section_number":"32.1-280","catch_line":"Repealed","url":"\/32.1-280\/","token":"32.1\/8\/1\/32.1-280","metadata":false},{"id":67348,"structure_id":15516,"section_number":"32.1-281","catch_line":"Commissioner may obtain additional services and facilities","url":"\/32.1-281\/","token":"32.1\/8\/1\/32.1-281","metadata":false},{"id":65973,"structure_id":15516,"section_number":"32.1-282","catch_line":"Medical examiners","url":"\/32.1-282\/","token":"32.1\/8\/1\/32.1-282","metadata":false},{"id":68777,"structure_id":15516,"section_number":"32.1-282.1","catch_line":"Per diem medicolegal death investigators","url":"\/32.1-282.1\/","token":"32.1\/8\/1\/32.1-282.1","metadata":false},{"id":84193,"structure_id":15516,"section_number":"32.1-283","catch_line":"Investigation of deaths; obtaining consent to removal of organs, etc.; fees","url":"\/32.1-283\/","token":"32.1\/8\/1\/32.1-283","metadata":false},{"id":83516,"structure_id":15516,"section_number":"32.1-283.1","catch_line":"State Child Fatality Review Team; membership; access to and maintenance of records; confidentiality; etc","url":"\/32.1-283.1\/","token":"32.1\/8\/1\/32.1-283.1","metadata":false},{"id":83036,"structure_id":15516,"section_number":"32.1-283.2","catch_line":"Local and regional child fatality review teams established; membership; authority; confidentiality; immunity","url":"\/32.1-283.2\/","token":"32.1\/8\/1\/32.1-283.2","metadata":false},{"id":63867,"structure_id":15516,"section_number":"32.1-283.3","catch_line":"Family violence fatality review teams established; model protocol and data management; membership; authority; confidentiality, etc","url":"\/32.1-283.3\/","token":"32.1\/8\/1\/32.1-283.3","metadata":false},{"id":84558,"structure_id":15516,"section_number":"32.1-283.4","catch_line":"Confidentiality of certain information and records collected and maintained by the Office of the Chief Medical Examiner","url":"\/32.1-283.4\/","token":"32.1\/8\/1\/32.1-283.4","metadata":false},{"id":60499,"structure_id":15516,"section_number":"32.1-283.5","catch_line":"Adult Fatality Review Team; duties; membership; confidentiality; penalties; report; etc","url":"\/32.1-283.5\/","token":"32.1\/8\/1\/32.1-283.5","metadata":false},{"id":66954,"structure_id":15516,"section_number":"32.1-283.6","catch_line":"Local and regional adult fatality review teams established; membership; authority; confidentiality; immunity","url":"\/32.1-283.6\/","token":"32.1\/8\/1\/32.1-283.6","metadata":false},{"id":64217,"structure_id":15516,"section_number":"32.1-283.7","catch_line":"Local and regional overdose fatality review teams established; membership; authority; confidentiality; immunity","url":"\/32.1-283.7\/","token":"32.1\/8\/1\/32.1-283.7","metadata":false},{"id":74829,"structure_id":15516,"section_number":"32.1-283.8","catch_line":"Maternal Mortality Review Team; duties; membership; confidentiality; penalties; report; etc","url":"\/32.1-283.8\/","token":"32.1\/8\/1\/32.1-283.8","metadata":false},{"id":59143,"structure_id":15516,"section_number":"32.1-284","catch_line":"Repealed","url":"\/32.1-284\/","token":"32.1\/8\/1\/32.1-284","metadata":false},{"id":77911,"structure_id":15516,"section_number":"32.1-285","catch_line":"Autopsies","url":"\/32.1-285\/","token":"32.1\/8\/1\/32.1-285","metadata":false},{"id":70536,"structure_id":15516,"section_number":"32.1-285.1","catch_line":"Death of infants under eighteen months of age; autopsies required; definition of Sudden Infant Death Syndrome","url":"\/32.1-285.1\/","token":"32.1\/8\/1\/32.1-285.1","metadata":false},{"id":75099,"structure_id":15516,"section_number":"32.1-286","catch_line":"Exhumations","url":"\/32.1-286\/","token":"32.1\/8\/1\/32.1-286","metadata":false},{"id":83615,"structure_id":15516,"section_number":"32.1-287","catch_line":"Repealed","url":"\/32.1-287\/","token":"32.1\/8\/1\/32.1-287","metadata":false},{"id":67498,"structure_id":15516,"section_number":"32.1-288","catch_line":"Repealed","url":"\/32.1-288\/","token":"32.1\/8\/1\/32.1-288","metadata":false}],"previous_section":{"id":66954,"structure_id":15516,"section_number":"32.1-283.6","catch_line":"Local and regional adult fatality review teams established; membership; authority; confidentiality; immunity","url":"\/32.1-283.6\/","token":"32.1\/8\/1\/32.1-283.6","metadata":false},"next_section":{"id":74829,"structure_id":15516,"section_number":"32.1-283.8","catch_line":"Maternal Mortality Review Team; duties; membership; confidentiality; penalties; report; etc","url":"\/32.1-283.8\/","token":"32.1\/8\/1\/32.1-283.8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-283.7\/","history_text":"<p>This law was first created in 2018. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0600\">600<\/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.<\/p>","references":[{"id":60253,"section_number":"2.2-3705.5","catch_line":"Exclusions to application of chapter; health and social services records","order_by":null,"url":"\/2.2-3705.5\/"},{"id":72789,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","order_by":null,"url":"\/2.2-3711\/"}],"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":60253,"section_number":"2.2-3705.5","catch_line":"Exclusions to application of chapter; health and social services records","order_by":null,"url":"\/2.2-3705.5\/"},{"id":72789,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","order_by":null,"url":"\/2.2-3711\/"},{"id":65973,"section_number":"32.1-282","catch_line":"Medical examiners","order_by":null,"url":"\/32.1-282\/"}],"permalink":{"id":204443,"object_type":"law","relational_id":64217,"identifier":"32.1-283.7","token":"32.1\/8\/1\/32.1-283.7","url":"\/32.1-283.7\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-283.7\/","token":"32.1\/8\/1\/32.1-283.7","dublin_core":{"Title":"Local and regional overdose fatality review teams established; membership; authority; confidentiality; immunity","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-283.7","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Any county or city, or combination of counties, cities, or counties and cities, may establish a local or regional overdose fatality review team for the purpose of (i) conducting contemporaneous reviews of local overdose deaths, (ii) promoting cooperation and coordination among agencies involved in investigations of overdose deaths or in providing services to surviving family members, (iii) developing an understanding of the causes and incidence of overdose deaths in the locality, (iv) developing plans for and recommending changes within the agencies represented on the local team to prevent overdose deaths, and (v) advising the <span class=\"dictionary\">Department<\/span> and other relevant state agencies on changes to <span class=\"dictionary\">law<\/span>, policy, or practice to prevent overdose deaths. <a id=\"paragraph-233762\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-283.7\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> A local or regional team may review the death of any <span class=\"dictionary\">person<\/span> who resides in the Commonwealth and whose death was or is suspected to be due to overdose. Each team shall establish rules and procedures to govern the review process. Agencies may share information but shall be bound by confidentiality and execute a sworn statement to honor the confidentiality of the information they share. A violation of this subsection is punishable as a Class 3 <span class=\"dictionary\">misdemeanor<\/span>. The Office of the Chief Medical Examiner may develop a model protocol for the development and implementation of local or regional overdose fatality review teams, and such model protocol may include relevant procedures for conducting reviews of overdose fatalities. <a id=\"paragraph-233763\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-283.7\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Local and regional teams may be composed of the following <span class=\"dictionary\">persons<\/span> from the localities represented on a particular <span class=\"dictionary\">board<\/span> or their designees: a medical examiner appointed pursuant to &#xA7; <a class=\"law\" title=\"Medical examiners\" href=\"\/32.1-282\/\">32.1-282<\/a>, a local social services official, a director of the relevant local or district health <span class=\"dictionary\">department<\/span>, a chief <span class=\"dictionary\">law<\/span>-enforcement officer, an attorney for the Commonwealth, an executive director of the local <span class=\"dictionary\">community services<\/span> <span class=\"dictionary\">board<\/span> or other local mental health agency, a local <span class=\"dictionary\">judge<\/span>, the local school division superintendent, a representative of a local jail or detention center, and such additional <span class=\"dictionary\">persons<\/span> as may be appointed to serve by the chair of the local or regional team. The chair shall be elected from among the designated membership. The additional members appointed by the chair may include representatives of local human services agencies, local health care professionals who specialize in the prevention and treatment of substance abuse disorders, local emergency medical services personnel, a representative of a hospital, experts in forensic medicine and pathology, local funeral services providers, and representatives of the local bar. <a id=\"paragraph-233764\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-283.7\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Each local or regional team shall establish operating procedures to govern the review process prior to conducting the first overdose fatality review. The review of a death shall be delayed until any criminal investigations connected with the death are completed or the Commonwealth consents to the commencement of such review prior to the completion of the criminal investigation. <a id=\"paragraph-233765\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-283.7\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> All information and records obtained or created regarding a review of a fatality shall be confidential and shall be excluded from the Virginia Freedom of Information Act (&#xA7; <a class=\"law\" title=\"Short title; policy\" href=\"\/2.2-3700\/\">2.2-3700<\/a> et seq.) pursuant to subdivision 7 of &#xA7; <a class=\"law\" title=\"Exclusions to application of chapter; health and social services records\" href=\"\/2.2-3705.5\/\">2.2-3705.5<\/a>. All such information and records shall be used by the team only in the exercise of its proper purpose and function and shall not be disclosed. Such information and records shall not be subject to subpoena, <span class=\"dictionary\">subpoena duces tecum<\/span>, <span class=\"dictionary\">discovery<\/span>, or introduction into <span class=\"dictionary\">evidence<\/span> when obtained through such other sources solely because the information and records were presented to the team during the fatality review. No <span class=\"dictionary\">person<\/span> who participated in the review and no member of the team shall be required to make any statement as to what transpired during the review or what information was collected during the review. Upon the conclusion of the fatality review, all information and records concerning the victim and family shall be returned to the originating agency or destroyed. However, the <span class=\"dictionary\">findings<\/span> of the team may be disclosed or published in statistical or other form that does not identify any individuals. The portions of meetings in which individual cases are discussed by the team shall be closed pursuant to subdivision A 21 of &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes\" href=\"\/2.2-3711\/\">2.2-3711<\/a>. All team members, <span class=\"dictionary\">persons<\/span> attending closed team meetings, and <span class=\"dictionary\">persons<\/span> presenting information and records on specific fatalities to the team during closed meetings shall execute a sworn statement to honor the confidentiality of the information, records, discussions, and <span class=\"dictionary\">opinions<\/span> disclosed during any closed meeting to review a specific death. A violation of this subsection is punishable as a Class 3 <span class=\"dictionary\">misdemeanor<\/span>. <a id=\"paragraph-233766\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-283.7\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Members of teams, as well as their agents and employees, shall be immune from civil liability for any act or omission made in connection with participation in an overdose fatality review team review, unless such act or omission was the result of gross <span class=\"dictionary\">negligence<\/span> or willful misconduct. Any organization, institution, or <span class=\"dictionary\">person<\/span> furnishing information, data, <span class=\"dictionary\">testimony<\/span>, reports, or records to overdose fatality review teams as part of such review shall be immune from civil liability for any act or omission in furnishing such information, unless such act or omission was the result of gross <span class=\"dictionary\">negligence<\/span> or willful misconduct. <a id=\"paragraph-233767\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/32.1-283.7\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nLOCAL AND REGIONAL OVERDOSE FATALITY REVIEW TEAMS ESTABLISHED; MEMBERSHIP;\nAUTHORITY; CONFIDENTIALITY; IMMUNITY (\u00a7 32.1-283.7)\n\nA. Any county or city, or combination of counties, cities, or counties and\ncities, may establish a local or regional overdose fatality review team for the\npurpose of (i) conducting contemporaneous reviews of local overdose deaths, (ii)\npromoting cooperation and coordination among agencies involved in investigations\nof overdose deaths or in providing services to surviving family members, (iii)\ndeveloping an understanding of the causes and incidence of overdose deaths in\nthe locality, (iv) developing plans for and recommending changes within the\nagencies represented on the local team to prevent overdose deaths, and (v)\nadvising the Department and other relevant state agencies on changes to law,\npolicy, or practice to prevent overdose deaths.\n\nB. A local or regional team may review the death of any person who resides in\nthe Commonwealth and whose death was or is suspected to be due to overdose. Each\nteam shall establish rules and procedures to govern the review process. Agencies\nmay share information but shall be bound by confidentiality and execute a sworn\nstatement to honor the confidentiality of the information they share. A\nviolation of this subsection is punishable as a Class 3 misdemeanor. The Office\nof the Chief Medical Examiner may develop a model protocol for the development\nand implementation of local or regional overdose fatality review teams, and such\nmodel protocol may include relevant procedures for conducting reviews of\noverdose fatalities.\n\nC. Local and regional teams may be composed of the following persons from the\nlocalities represented on a particular board or their designees: a medical\nexaminer appointed pursuant to &#xA7; 32.1-282, a local social services\nofficial, a director of the relevant local or district health department, a\nchief law-enforcement officer, an attorney for the Commonwealth, an executive\ndirector of the local community services board or other local mental health\nagency, a local judge, the local school division superintendent, a\nrepresentative of a local jail or detention center, and such additional persons\nas may be appointed to serve by the chair of the local or regional team. The\nchair shall be elected from among the designated membership. The additional\nmembers appointed by the chair may include representatives of local human\nservices agencies, local health care professionals who specialize in the\nprevention and treatment of substance abuse disorders, local emergency medical\nservices personnel, a representative of a hospital, experts in forensic medicine\nand pathology, local funeral services providers, and representatives of the\nlocal bar.\n\nD. Each local or regional team shall establish operating procedures to govern\nthe review process prior to conducting the first overdose fatality review. The\nreview of a death shall be delayed until any criminal investigations connected\nwith the death are completed or the Commonwealth consents to the commencement of\nsuch review prior to the completion of the criminal investigation.\n\nE. All information and records obtained or created regarding a review of a\nfatality shall be confidential and shall be excluded from the Virginia Freedom\nof Information Act (&#xA7; 2.2-3700 et seq.) pursuant to subdivision 7 of &#xA7;\n2.2-3705.5. All such information and records shall be used by the team only in\nthe exercise of its proper purpose and function and shall not be disclosed. Such\ninformation and records shall not be subject to subpoena, subpoena duces tecum,\ndiscovery, or introduction into evidence when obtained through such other\nsources solely because the information and records were presented to the team\nduring the fatality review. No person who participated in the review and no\nmember of the team shall be required to make any statement as to what transpired\nduring the review or what information was collected during the review. Upon the\nconclusion of the fatality review, all information and records concerning the\nvictim and family shall be returned to the originating agency or destroyed.\nHowever, the findings of the team may be disclosed or published in statistical\nor other form that does not identify any individuals. The portions of meetings\nin which individual cases are discussed by the team shall be closed pursuant to\nsubdivision A 21 of &#xA7; 2.2-3711. All team members, persons attending closed\nteam meetings, and persons presenting information and records on specific\nfatalities to the team during closed meetings shall execute a sworn statement to\nhonor the confidentiality of the information, records, discussions, and opinions\ndisclosed during any closed meeting to review a specific death. A violation of\nthis subsection is punishable as a Class 3 misdemeanor.\n\nF. Members of teams, as well as their agents and employees, shall be immune from\ncivil liability for any act or omission made in connection with participation in\nan overdose fatality review team review, unless such act or omission was the\nresult of gross negligence or willful misconduct. Any organization, institution,\nor person furnishing information, data, testimony, reports, or records to\noverdose fatality review teams as part of such review shall be immune from civil\nliability for any act or omission in furnishing such information, unless such\nact or omission was the result of gross negligence or willful misconduct.\n\nHISTORY: 2018, c. 600.","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}}