{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-283.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-283.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-283.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-283.8.html"}],"law_id":74829,"edition_id":1,"section_id":74829,"structure_id":15516,"section_number":"32.1-283.8","catch_line":"Maternal Mortality Review Team; duties; membership; confidentiality; penalties; report; etc","history":"2019, c. 834; 2023, c. 369; 2024, c. 376.","full_text":"A\n\nAs used in this section, “maternal death” means the death of a woman who was pregnant at the time of death or within one year prior to the time of death, regardless of the outcome of the pregnancy, including any death determined to be a natural death, unnatural death, or violent death or for which no cause of death was determined.B\n\nThere is hereby created the Maternal Mortality Review Team (the Team), which shall develop and implement procedures to ensure that certain maternal deaths occurring in the Commonwealth are analyzed in a systematic way. The Team shall review every maternal death in the Commonwealth. The Team shall not initiate a maternal death review until the conclusion of any law-enforcement investigation or criminal prosecution. The Team shall (i) develop and revise as necessary operating procedures for maternal death reviews, including identification of cases to be reviewed and procedures for coordinating among the agencies and professionals involved; (ii) improve the identification of and data collection and record keeping related to causes of maternal deaths; (iii) recommend components of programs to increase awareness and prevention of and education about maternal deaths; and (iv) recommend training to improve the review of maternal deaths. Such operating procedures shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq.) pursuant to subdivision B 17 of § 2.2-4002.C\n\nThe Team shall consist of the following persons or their designees: the Chief Medical Examiner, the Director of the Office of Family Health of the Department of Health, the State Registrar of Vital Records, and the Commissioner of Behavioral Health and Developmental Services. In addition, the Governor shall appoint one representative of each of the following entities: local law enforcement, local fire departments, local emergency medical services providers, local departments of social services, community services boards, attorneys for the Commonwealth, the Medical Society of Virginia, the Virginia Hospital and Healthcare Association, the Virginia College of Emergency Physicians, the Virginia Section of the American College of Obstetricians and Gynecologists, the Virginia Affiliate of the American College of Nurse-Midwives, the Virginia Chapter of the Association of Women’s Health, Obstetric and Neonatal Nurses, the Virginia Neonatal Perinatal Collaborative, the Virginia Midwives Alliance, the Virginia Academy of Nutrition and Dietetics, the Department of Corrections, and the State Board of Local and Regional Jails. The Chief Medical Examiner and the Director of the Office of Family Health of the Department of Health shall serve as co-chairs of the Team and may appoint additional members of the Team as may be needed to complete maternal death reviews pursuant to this section.\n\t\t\tAfter the initial staggering of terms, members other than the Chief Medical Examiner, the Director of the Office of Family Health of the Department of Health, the State Registrar of Vital Records, the Commissioner of Behavioral Health and Developmental Services, and the Director of the Department of Criminal Justice Services shall be appointed for a term of three years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. All members may be reappointed. The Chief Medical Examiner, the Director of the Office of Family Health of the Department of Health, the State Registrar of Vital Records, the Commissioner of Behavioral Health and Developmental Services, and the Director of the Department of Criminal Justice Services shall serve terms coincident with their terms of office.D\n\nUpon the request of the Chief Medical Examiner in his capacity as a co-chair of the Team, made after the conclusion of any law-enforcement investigation or prosecution, the Chief Medical Examiner or his designee may inspect and copy information and records regarding a maternal death, including (i) any report of the circumstances of the maternal death maintained by any state or local law-enforcement agency or medical examiner, and (ii) information or records about the woman maintained by any social services agency or court. Information, records, or reports maintained by any attorney for the Commonwealth shall be made available for inspection and copying by the Chief Medical Examiner or his designee pursuant to procedures that shall be developed by the Chief Medical Examiner and the Commonwealth’s Attorneys’ Services Council established by § 2.2-2617. Any presentence report prepared pursuant to § 19.2-299 for any person convicted of a crime that led to the death of the woman shall be made available for inspection and copying by the Chief Medical Examiner or his designee. In addition, the Chief Medical Examiner or his designee may inspect and copy from any health care provider in the Commonwealth, on behalf of the Team, (a) without obtaining consent, subject to any limitations on disclosure under applicable federal and state law, the health and mental health records of the woman and those prenatal medical records relating to any child born to the woman and (b) upon obtaining consent, from each adult regarding his records.E\n\nAll information and records obtained or created by the Team or on behalf of the Team regarding a review shall be confidential and excluded from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) pursuant to subdivision 7 of § 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. In preparing information and records for review by the Team, the Department shall remove any individually identifiable information or information identifying a health care provider, as those terms are defined in 45 C.F.R. § 160.103. Such information shall not be subject to subpoena, subpoena duces tecum, or discovery, be admissible in any civil or criminal proceeding, or be used as evidence in any disciplinary proceeding or regulatory or licensure action of the Department of Health Professions or any health regulatory board. If available from other sources, however, such information and records shall not be immune from subpoena, discovery, or introduction into evidence when obtained through such other sources solely because the information and records were presented to the Team during a maternal death review. The findings of the Team may be disclosed or published in statistical or other form, but shall not identify any individual. Upon conclusion of the maternal death review, all information and records concerning the woman and the woman’s family shall be shredded or otherwise destroyed by the Office of the Chief Medical Examiner in order to ensure confidentiality.\n\t\t\tThe portions of meetings in which individual maternal deaths are discussed by the Team shall be closed pursuant to subdivision A 21 of § 2.2-3711. In addition to the requirements of § 2.2-3712, all Team members and other persons attending closed Team meetings, including any persons presenting information or records on specific maternal deaths to the Team during closed meetings, shall execute a sworn statement to (i) honor the confidentiality of the information, records, discussions, and opinions disclosed during meetings at which the Team reviews a specific maternal death and (ii) not use any such information, records, discussions, or opinions disclosed during meetings at which the Team reviews a specific maternal death for any purpose other than the exercise of the proper purpose and function of the Team. Violations of this subsection are punishable as a Class 3 misdemeanor.F\n\nUpon notification of a maternal death, any state or local government agency maintaining records on the woman or the woman’s family that are periodically purged shall retain such records for the longer of 12 months or until such time as the Team has completed its review of the case.G\n\nThe Team shall compile annual statistical data, which shall be made available to the Governor and the General Assembly. Any statistical compilations prepared by the Team shall be public record and shall not contain any personal identifying information.H\n\nMembers of the Team, as well as their agents and employees, shall be immune from civil liability for any act or omission made in connection with participation in a review by the Team, 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 the Team 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":268857,"text":"As used in this section, “maternal death” means the death of a woman who was pregnant at the time of death or within one year prior to the time of death, regardless of the outcome of the pregnancy, including any death determined to be a natural death, unnatural death, or violent death or for which no cause of death was determined.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":268858,"text":"There is hereby created the Maternal Mortality Review Team (the Team), which shall develop and implement procedures to ensure that certain maternal deaths occurring in the Commonwealth are analyzed in a systematic way. The Team shall review every maternal death in the Commonwealth. The Team shall not initiate a maternal death review until the conclusion of any law-enforcement investigation or criminal prosecution. The Team shall (i) develop and revise as necessary operating procedures for maternal death reviews, including identification of cases to be reviewed and procedures for coordinating among the agencies and professionals involved; (ii) improve the identification of and data collection and record keeping related to causes of maternal deaths; (iii) recommend components of programs to increase awareness and prevention of and education about maternal deaths; and (iv) recommend training to improve the review of maternal deaths. Such operating procedures shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq.) pursuant to subdivision B 17 of § 2.2-4002.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":268859,"text":"The Team shall consist of the following persons or their designees: the Chief Medical Examiner, the Director of the Office of Family Health of the Department of Health, the State Registrar of Vital Records, and the Commissioner of Behavioral Health and Developmental Services. In addition, the Governor shall appoint one representative of each of the following entities: local law enforcement, local fire departments, local emergency medical services providers, local departments of social services, community services boards, attorneys for the Commonwealth, the Medical Society of Virginia, the Virginia Hospital and Healthcare Association, the Virginia College of Emergency Physicians, the Virginia Section of the American College of Obstetricians and Gynecologists, the Virginia Affiliate of the American College of Nurse-Midwives, the Virginia Chapter of the Association of Women’s Health, Obstetric and Neonatal Nurses, the Virginia Neonatal Perinatal Collaborative, the Virginia Midwives Alliance, the Virginia Academy of Nutrition and Dietetics, the Department of Corrections, and the State Board of Local and Regional Jails. The Chief Medical Examiner and the Director of the Office of Family Health of the Department of Health shall serve as co-chairs of the Team and may appoint additional members of the Team as may be needed to complete maternal death reviews pursuant to this section.\n\t\t\tAfter the initial staggering of terms, members other than the Chief Medical Examiner, the Director of the Office of Family Health of the Department of Health, the State Registrar of Vital Records, the Commissioner of Behavioral Health and Developmental Services, and the Director of the Department of Criminal Justice Services shall be appointed for a term of three years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. All members may be reappointed. The Chief Medical Examiner, the Director of the Office of Family Health of the Department of Health, the State Registrar of Vital Records, the Commissioner of Behavioral Health and Developmental Services, and the Director of the Department of Criminal Justice Services shall serve terms coincident with their terms of office.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":268860,"text":"Upon the request of the Chief Medical Examiner in his capacity as a co-chair of the Team, made after the conclusion of any law-enforcement investigation or prosecution, the Chief Medical Examiner or his designee may inspect and copy information and records regarding a maternal death, including (i) any report of the circumstances of the maternal death maintained by any state or local law-enforcement agency or medical examiner, and (ii) information or records about the woman maintained by any social services agency or court. Information, records, or reports maintained by any attorney for the Commonwealth shall be made available for inspection and copying by the Chief Medical Examiner or his designee pursuant to procedures that shall be developed by the Chief Medical Examiner and the Commonwealth’s Attorneys’ Services Council established by § 2.2-2617. Any presentence report prepared pursuant to § 19.2-299 for any person convicted of a crime that led to the death of the woman shall be made available for inspection and copying by the Chief Medical Examiner or his designee. In addition, the Chief Medical Examiner or his designee may inspect and copy from any health care provider in the Commonwealth, on behalf of the Team, (a) without obtaining consent, subject to any limitations on disclosure under applicable federal and state law, the health and mental health records of the woman and those prenatal medical records relating to any child born to the woman and (b) upon obtaining consent, from each adult regarding his records.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":268861,"text":"All information and records obtained or created by the Team or on behalf of the Team regarding a review shall be confidential and excluded from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) pursuant to subdivision 7 of § 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. In preparing information and records for review by the Team, the Department shall remove any individually identifiable information or information identifying a health care provider, as those terms are defined in 45 C.F.R. § 160.103. Such information shall not be subject to subpoena, subpoena duces tecum, or discovery, be admissible in any civil or criminal proceeding, or be used as evidence in any disciplinary proceeding or regulatory or licensure action of the Department of Health Professions or any health regulatory board. If available from other sources, however, such information and records shall not be immune from subpoena, discovery, or introduction into evidence when obtained through such other sources solely because the information and records were presented to the Team during a maternal death review. The findings of the Team may be disclosed or published in statistical or other form, but shall not identify any individual. Upon conclusion of the maternal death review, all information and records concerning the woman and the woman’s family shall be shredded or otherwise destroyed by the Office of the Chief Medical Examiner in order to ensure confidentiality.\n\t\t\tThe portions of meetings in which individual maternal deaths are discussed by the Team shall be closed pursuant to subdivision A 21 of § 2.2-3711. In addition to the requirements of § 2.2-3712, all Team members and other persons attending closed Team meetings, including any persons presenting information or records on specific maternal deaths to the Team during closed meetings, shall execute a sworn statement to (i) honor the confidentiality of the information, records, discussions, and opinions disclosed during meetings at which the Team reviews a specific maternal death and (ii) not use any such information, records, discussions, or opinions disclosed during meetings at which the Team reviews a specific maternal death for any purpose other than the exercise of the proper purpose and function of the Team. Violations of this subsection are 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":268862,"text":"Upon notification of a maternal death, any state or local government agency maintaining records on the woman or the woman’s family that are periodically purged shall retain such records for the longer of 12 months or until such time as the Team has completed its review of the case.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":268863,"text":"The Team shall compile annual statistical data, which shall be made available to the Governor and the General Assembly. Any statistical compilations prepared by the Team shall be public record and shall not contain any personal identifying information.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":268864,"text":"Members of the Team, as well as their agents and employees, shall be immune from civil liability for any act or omission made in connection with participation in a review by the Team, 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 the Team 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":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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; 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This law was first created in 2019. The record of its establishment is cataloged in chapter 834<\/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 2 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 2023, chapter 369<\/a>; in 2024, chapter 376<\/a>.<\/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\/"},{"id":69625,"section_number":"2.2-4002","catch_line":"Exemptions from chapter generally","order_by":null,"url":"\/2.2-4002\/"}],"refers_to":[{"id":75041,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","order_by":null,"url":"\/19.2-299\/"},{"id":85525,"section_number":"2.2-2617","catch_line":"Commonwealth's Attorneys' Services Council; purpose; membership terms; compensation","order_by":null,"url":"\/2.2-2617\/"},{"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":54622,"section_number":"2.2-3712","catch_line":"Closed meetings procedures; certification of proceedings","order_by":null,"url":"\/2.2-3712\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":204447,"object_type":"law","relational_id":74829,"identifier":"32.1-283.8","token":"32.1\/8\/1\/32.1-283.8","url":"\/32.1-283.8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-283.8\/","token":"32.1\/8\/1\/32.1-283.8","dublin_core":{"Title":"Maternal Mortality Review Team; duties; membership; confidentiality; penalties; report; etc","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-283.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “maternal death<\/span>” means the death of a woman who was pregnant at the time of death or within one year prior to the time of death, regardless of the outcome of the pregnancy, including any death determined to be a natural death, unnatural death, or violent death or for which no cause of death was determined. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> There is hereby created the Maternal Mortality Review Team (the Team), which shall develop and implement procedures to ensure that certain maternal deaths<\/span> occurring in the Commonwealth are analyzed in a systematic way. The Team shall review every maternal death<\/span> in the Commonwealth. The Team shall not initiate a maternal death<\/span> review until the conclusion of any law<\/span>-enforcement investigation or criminal prosecution<\/span>. The Team shall (i) develop and revise as necessary operating procedures for maternal death<\/span> reviews, including identification of cases to be reviewed and procedures for coordinating among the agencies and professionals involved; (ii) improve the identification of and data collection and record keeping related to causes of maternal deaths<\/span>; (iii) recommend components of programs to increase awareness and prevention of and education about maternal deaths<\/span>; and (iv) recommend training to improve the review of maternal deaths<\/span>. Such operating procedures shall be exempt from the Administrative Process Act (§ 2.2-4000<\/a> et seq.) pursuant to subdivision B 17 of § 2.2-4002<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Team shall consist of the following persons<\/span> or their designees: the Chief Medical Examiner, the Director of the Office of Family Health of the Department<\/span> of Health, the State Registrar of Vital Records, and the Commissioner<\/span> of Behavioral Health and Developmental Services. In addition, the Governor shall appoint one representative of each of the following entities: local law<\/span> enforcement, local fire departments<\/span>, local emergency medical services providers, local departments<\/span> of social services, community services<\/span> boards<\/span>, attorneys for the Commonwealth, the Medical Society of Virginia, the Virginia Hospital and Healthcare Association, the Virginia College of Emergency Physicians, the Virginia Section of the American College of Obstetricians and Gynecologists, the Virginia Affiliate of the American College of Nurse-Midwives, the Virginia Chapter of the Association of Women’s Health, Obstetric and Neonatal Nurses, the Virginia Neonatal Perinatal Collaborative, the Virginia Midwives Alliance, the Virginia Academy of Nutrition and Dietetics, the Department<\/span> of Corrections, and the State Board<\/span> of Local and Regional Jails. The Chief Medical Examiner and the Director of the Office of Family Health of the Department<\/span> of Health shall serve as co-chairs of the Team and may appoint additional members of the Team as may be needed to complete maternal death<\/span> reviews pursuant to this section.\n\t\t\tAfter the initial staggering of terms, members other than the Chief Medical Examiner, the Director of the Office of Family Health of the Department<\/span> of Health, the State Registrar of Vital Records, the Commissioner<\/span> of Behavioral Health and Developmental Services, and the Director of the Department<\/span> of Criminal Justice Services shall be appointed for a term of three years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. All members may be reappointed. The Chief Medical Examiner, the Director of the Office of Family Health of the Department<\/span> of Health, the State Registrar of Vital Records, the Commissioner<\/span> of Behavioral Health and Developmental Services, and the Director of the Department<\/span> of Criminal Justice Services shall serve terms coincident with their terms of office. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon the request of the Chief Medical Examiner in his capacity as a co-chair of the Team, made after the conclusion of any law<\/span>-enforcement investigation or prosecution<\/span>, the Chief Medical Examiner or his designee may inspect and copy information and records regarding a maternal death<\/span>, including (i) any report of the circumstances of the maternal death<\/span> maintained by any state or local law<\/span>-enforcement agency or medical examiner, and (ii) information or records about the woman maintained by any social services agency or court<\/span>. Information, records, or reports maintained by any attorney for the Commonwealth shall be made available for inspection and copying by the Chief Medical Examiner or his designee pursuant to procedures that shall be developed by the Chief Medical Examiner and the Commonwealth’s Attorneys’ Services Council established by § 2.2-2617<\/a>. Any presentence report<\/span> prepared pursuant to § 19.2-299<\/a> for any person<\/span> convicted of a crime<\/span> that led to the death of the woman shall be made available for inspection and copying by the Chief Medical Examiner or his designee. In addition, the Chief Medical Examiner or his designee may inspect and copy from any health care provider in the Commonwealth, on behalf of the Team, (a) without obtaining consent, subject to any limitations on disclosure under applicable federal and state law<\/span>, the health and mental health records of the woman and those prenatal medical records relating to any child born to the woman and (b) upon obtaining consent, from each adult regarding his records. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> All information and records obtained or created by the Team or on behalf of the Team regarding a review shall be confidential and excluded from the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.) pursuant to subdivision 7 of § 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. In preparing information and records for review by the Team, the Department<\/span> shall remove any individually identifiable information or information identifying a health care provider, as those terms are defined in 45 C.F.R. § 160.103. Such information shall not be subject to subpoena, subpoena duces tecum<\/span>, or discovery<\/span>, be admissible<\/span> in any civil or criminal proceeding, or be used as evidence<\/span> in any disciplinary proceeding or regulatory or licensure action of the Department<\/span> of Health Professions or any health regulatory board. If available from other sources, however, such information and records shall not be immune from subpoena, discovery<\/span>, or introduction into evidence<\/span> when obtained through such other sources solely because the information and records were presented to the Team during a maternal death<\/span> review. The findings<\/span> of the Team may be disclosed or published in statistical or other form, but shall not identify any individual. Upon conclusion of the maternal death<\/span> review, all information and records concerning the woman and the woman’s family shall be shredded or otherwise destroyed by the Office of the Chief Medical Examiner in order<\/span> to ensure confidentiality.\n\t\t\tThe portions of meetings in which individual maternal deaths<\/span> are discussed by the Team shall be closed pursuant to subdivision A 21 of § 2.2-3711<\/a>. In addition to the requirements of § 2.2-3712<\/a>, all Team members and other persons<\/span> attending closed Team meetings, including any persons<\/span> presenting information or records on specific maternal deaths<\/span> to the Team during closed meetings, shall execute a sworn statement to (i) honor the confidentiality of the information, records, discussions, and opinions<\/span> disclosed during meetings at which the Team reviews a specific maternal death<\/span> and (ii) not use any such information, records, discussions, or opinions<\/span> disclosed during meetings at which the Team reviews a specific maternal death<\/span> for any purpose other than the exercise of the proper purpose and function of the Team. Violations of this subsection are punishable as a Class 3 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Upon notification of a maternal death<\/span>, any state or local government agency maintaining records on the woman or the woman’s family that are periodically purged shall retain such records for the longer of 12 months or until such time as the Team has completed its review of the case. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Team shall compile annual statistical data, which shall be made available to the Governor and the General Assembly. Any statistical compilations prepared by the Team shall be public record and shall not contain any personal identifying information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Members of the Team, as well as their agents and employees, shall be immune from civil liability for any act or omission made in connection with participation in a review by the Team, unless such act or omission was the result of gross negligence<\/span> or willful misconduct. Any organization, institution, or person<\/span> furnishing information, data, testimony<\/span>, reports, or records to the Team 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<\/span> or willful misconduct. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMATERNAL MORTALITY REVIEW TEAM; DUTIES; MEMBERSHIP; CONFIDENTIALITY; PENALTIES;\nREPORT; ETC (\u00a7 32.1-283.8)\n\nA. As used in this section, “maternal death” means the death of a\nwoman who was pregnant at the time of death or within one year prior to the time\nof death, regardless of the outcome of the pregnancy, including any death\ndetermined to be a natural death, unnatural death, or violent death or for which\nno cause of death was determined.\n\nB. There is hereby created the Maternal Mortality Review Team (the Team), which\nshall develop and implement procedures to ensure that certain maternal deaths\noccurring in the Commonwealth are analyzed in a systematic way. The Team shall\nreview every maternal death in the Commonwealth. The Team shall not initiate a\nmaternal death review until the conclusion of any law-enforcement investigation\nor criminal prosecution. The Team shall (i) develop and revise as necessary\noperating procedures for maternal death reviews, including identification of\ncases to be reviewed and procedures for coordinating among the agencies and\nprofessionals involved; (ii) improve the identification of and data collection\nand record keeping related to causes of maternal deaths; (iii) recommend\ncomponents of programs to increase awareness and prevention of and education\nabout maternal deaths; and (iv) recommend training to improve the review of\nmaternal deaths. Such operating procedures shall be exempt from the\nAdministrative Process Act (§ 2.2-4000 et seq.) pursuant to subdivision B\n17 of § 2.2-4002.\n\nC. The Team shall consist of the following persons or their designees: the Chief\nMedical Examiner, the Director of the Office of Family Health of the Department\nof Health, the State Registrar of Vital Records, and the Commissioner of\nBehavioral Health and Developmental Services. In addition, the Governor shall\nappoint one representative of each of the following entities: local law\nenforcement, local fire departments, local emergency medical services providers,\nlocal departments of social services, community services boards, attorneys for\nthe Commonwealth, the Medical Society of Virginia, the Virginia Hospital and\nHealthcare Association, the Virginia College of Emergency Physicians, the\nVirginia Section of the American College of Obstetricians and Gynecologists, the\nVirginia Affiliate of the American College of Nurse-Midwives, the Virginia\nChapter of the Association of Women’s Health, Obstetric and Neonatal\nNurses, the Virginia Neonatal Perinatal Collaborative, the Virginia Midwives\nAlliance, the Virginia Academy of Nutrition and Dietetics, the Department of\nCorrections, and the State Board of Local and Regional Jails. The Chief Medical\nExaminer and the Director of the Office of Family Health of the Department of\nHealth shall serve as co-chairs of the Team and may appoint additional members\nof the Team as may be needed to complete maternal death reviews pursuant to this\nsection.\n\t\t\tAfter the initial staggering of terms, members other than the Chief Medical\nExaminer, the Director of the Office of Family Health of the Department of\nHealth, the State Registrar of Vital Records, the Commissioner of Behavioral\nHealth and Developmental Services, and the Director of the Department of\nCriminal Justice Services shall be appointed for a term of three years.\nAppointments to fill vacancies, other than by expiration of a term, shall be for\nthe unexpired terms. Vacancies shall be filled in the same manner as the\noriginal appointments. All members may be reappointed. The Chief Medical\nExaminer, the Director of the Office of Family Health of the Department of\nHealth, the State Registrar of Vital Records, the Commissioner of Behavioral\nHealth and Developmental Services, and the Director of the Department of\nCriminal Justice Services shall serve terms coincident with their terms of\noffice.\n\nD. Upon the request of the Chief Medical Examiner in his capacity as a co-chair\nof the Team, made after the conclusion of any law-enforcement investigation or\nprosecution, the Chief Medical Examiner or his designee may inspect and copy\ninformation and records regarding a maternal death, including (i) any report of\nthe circumstances of the maternal death maintained by any state or local\nlaw-enforcement agency or medical examiner, and (ii) information or records\nabout the woman maintained by any social services agency or court. Information,\nrecords, or reports maintained by any attorney for the Commonwealth shall be\nmade available for inspection and copying by the Chief Medical Examiner or his\ndesignee pursuant to procedures that shall be developed by the Chief Medical\nExaminer and the Commonwealth’s Attorneys’ Services Council\nestablished by § 2.2-2617. Any presentence report prepared pursuant to\n§ 19.2-299 for any person convicted of a crime that led to the death of the\nwoman shall be made available for inspection and copying by the Chief Medical\nExaminer or his designee. In addition, the Chief Medical Examiner or his\ndesignee may inspect and copy from any health care provider in the Commonwealth,\non behalf of the Team, (a) without obtaining consent, subject to any limitations\non disclosure under applicable federal and state law, the health and mental\nhealth records of the woman and those prenatal medical records relating to any\nchild born to the woman and (b) upon obtaining consent, from each adult\nregarding his records.\n\nE. All information and records obtained or created by the Team or on behalf of\nthe Team regarding a review shall be confidential and excluded from the Virginia\nFreedom of Information Act (§ 2.2-3700 et seq.) pursuant to subdivision 7\nof § 2.2-3705.5. All such information and records shall be used by the Team\nonly in the exercise of its proper purpose and function and shall not be\ndisclosed. In preparing information and records for review by the Team, the\nDepartment shall remove any individually identifiable information or information\nidentifying a health care provider, as those terms are defined in 45 C.F.R.\n§ 160.103. Such information shall not be subject to subpoena, subpoena\nduces tecum, or discovery, be admissible in any civil or criminal proceeding, or\nbe used as evidence in any disciplinary proceeding or regulatory or licensure\naction of the Department of Health Professions or any health regulatory board.\nIf available from other sources, however, such information and records shall not\nbe immune from subpoena, discovery, or introduction into evidence when obtained\nthrough such other sources solely because the information and records were\npresented to the Team during a maternal death review. The findings of the Team\nmay be disclosed or published in statistical or other form, but shall not\nidentify any individual. Upon conclusion of the maternal death review, all\ninformation and records concerning the woman and the woman’s family shall\nbe shredded or otherwise destroyed by the Office of the Chief Medical Examiner\nin order to ensure confidentiality.\n\t\t\tThe portions of meetings in which individual maternal deaths are discussed by\nthe Team shall be closed pursuant to subdivision A 21 of § 2.2-3711. In\naddition to the requirements of § 2.2-3712, all Team members and other\npersons attending closed Team meetings, including any persons presenting\ninformation or records on specific maternal deaths to the Team during closed\nmeetings, shall execute a sworn statement to (i) honor the confidentiality of\nthe information, records, discussions, and opinions disclosed during meetings at\nwhich the Team reviews a specific maternal death and (ii) not use any such\ninformation, records, discussions, or opinions disclosed during meetings at\nwhich the Team reviews a specific maternal death for any purpose other than the\nexercise of the proper purpose and function of the Team. Violations of this\nsubsection are punishable as a Class 3 misdemeanor.\n\nF. Upon notification of a maternal death, any state or local government agency\nmaintaining records on the woman or the woman’s family that are\nperiodically purged shall retain such records for the longer of 12 months or\nuntil such time as the Team has completed its review of the case.\n\nG. The Team shall compile annual statistical data, which shall be made available\nto the Governor and the General Assembly. Any statistical compilations prepared\nby the Team shall be public record and shall not contain any personal\nidentifying information.\n\nH. Members of the Team, as well as their agents and employees, shall be immune\nfrom civil liability for any act or omission made in connection with\nparticipation in a review by the Team, 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 the\nTeam as part of such review shall be immune from civil liability for any act or\nomission in furnishing such information, unless such act or omission was the\nresult of gross negligence or willful misconduct.\n\nHISTORY: 2019, c. 834; 2023, c. 369; 2024, c. 376.","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}}