{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-314.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-314.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-314.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-314.1.html"}],"law_id":82101,"edition_id":1,"section_id":82101,"structure_id":12846,"section_number":"37.2-314.1","catch_line":"Developmental Disabilities Mortality Review Committee; duties; membership; confidentiality; report; penalty","history":"2020, c. 851.","full_text":"A\n\nThere is hereby created the Developmental Disabilities Mortality Review Committee (the Committee), which shall develop and implement procedures to ensure that deaths of persons with developmental disabilities receiving services from a provider licensed by the Department or in a training center or other state facility are reviewed and analyzed in a systematic way. The Committee shall review each death of a person with a developmental disability who was receiving services from a provider licensed by the Department or in a training center or other state facility at the time of his death. The Committee shall develop and revise as necessary operating procedures for the review of deaths of such persons, including identification of cases to be reviewed and procedures for coordinating among the agencies and professionals involved in such review. 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.B\n\nThe Committee shall consist of the following persons or their designees: the Chief Clinical Officer appointed by the Commissioner; the Clinical Manager, Program Coordinator and Clinical Reviewer of the Department’s Mortality Review Team; the Senior Director of Quality Improvement of the Department; an employee of the Department with experience related to quality improvement; an employee of the Department with relevant programmatic or operational experience; a person licensed to practice medicine or osteopathy in the Commonwealth; a person licensed to practice as a registered nurse in the Commonwealth; and a person with experience in conducting mortality reviews who is not employed by or otherwise affiliated with the Department. The Chief Clinical Officer and the Clinical Manager of the Department’s Mortality Review Team shall serve as co-chairs of the Committee. The co-chairs of the committee or the Commissioner may appoint such additional members of the Committee as may be needed to complete developmental disability mortality reviews pursuant to this section.\n\t\t\tMembers of the Committee shall serve such terms as may be determined by the Commissioner.C\n\nUpon the request of the Chief Clinical Officer in his capacity as a co-chair of the Committee, information and records regarding an individual whose death is being reviewed by the Committee, including (i) any report of the circumstances of the death maintained by any state or local law-enforcement agency or the Office of the Chief Medical Examiner and (ii) information or records about the person maintained by any facility, hospital, nursing home, or health care provider that provided services to the individual, any social services agency that provided services to the individual, or any court shall be provided to the Chief Clinical Officer or his designee. Any presentence report prepared pursuant to § 19.2-299 for any person convicted of a crime that may have led to the death of the person whose death is the subject of review by the Committee shall be made available to the Chief Clinical Officer or his designee for inspection. In addition, the Chief Clinical Officer or his designee may inspect and copy from any health care provider in the Commonwealth, on behalf of the Committee, any health or mental health record of the individual, without authorization.D\n\nAll information obtained or generated by the Committee or on behalf of the Committee 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. Such information shall not be subject to subpoena or discovery or be admissible in any civil or criminal proceeding. 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 Committee during a review pursuant to this section. The Committee shall compile all requested information collected for a clinical review. The findings of the Committee may be disclosed or published in statistical or other form but shall not identify any individuals.\n\t\t\tThe portions of meetings in which individual death cases are discussed by the Committee shall be closed pursuant to subdivision A 21 of § 2.2-3711. In addition to the requirements of § 2.2-3712, all members of the Committee and other persons attending closed meetings of the Committee, including any persons presenting information or records on specific deaths, shall sign an agreement to maintain the confidentiality of the information, records, discussions, and opinions disclosed during meetings at which the Committee reviews a specific death. No member of the Committee or other person who participates in a review shall be required to make any statement regarding the review or any information collected during the review. Violations of this subsection are punishable as a Class 3 misdemeanor.E\n\nUpon notification of the death of a person with a developmental disability who was receiving services from a provider licensed by the Department or in a training center or other state facility, any state or local government agency or facility that provided services to the person or maintained records on the person or the person’s family shall retain the records for 12 months after the date of the death.F\n\nThe Committee shall report its activities annually to the Governor and the General Assembly by December 1. Such report shall include statistical and other data on the deaths of persons with a developmental disability who were receiving services from a provider licensed by the Department or in a training center or other state facility at the time of their death and recommendations developed by the Committee to address the conditions that led to such deaths. Any statistical compilations prepared by the Committee shall be public record and shall not contain any personally identifying information.","order_by":null,"text":{"0":{"id":294256,"text":"There is hereby created the Developmental Disabilities Mortality Review Committee (the Committee), which shall develop and implement procedures to ensure that deaths of persons with developmental disabilities receiving services from a provider licensed by the Department or in a training center or other state facility are reviewed and analyzed in a systematic way. The Committee shall review each death of a person with a developmental disability who was receiving services from a provider licensed by the Department or in a training center or other state facility at the time of his death. The Committee shall develop and revise as necessary operating procedures for the review of deaths of such persons, including identification of cases to be reviewed and procedures for coordinating among the agencies and professionals involved in such review. 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":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":294257,"text":"The Committee shall consist of the following persons or their designees: the Chief Clinical Officer appointed by the Commissioner; the Clinical Manager, Program Coordinator and Clinical Reviewer of the Department’s Mortality Review Team; the Senior Director of Quality Improvement of the Department; an employee of the Department with experience related to quality improvement; an employee of the Department with relevant programmatic or operational experience; a person licensed to practice medicine or osteopathy in the Commonwealth; a person licensed to practice as a registered nurse in the Commonwealth; and a person with experience in conducting mortality reviews who is not employed by or otherwise affiliated with the Department. The Chief Clinical Officer and the Clinical Manager of the Department’s Mortality Review Team shall serve as co-chairs of the Committee. The co-chairs of the committee or the Commissioner may appoint such additional members of the Committee as may be needed to complete developmental disability mortality reviews pursuant to this section.\n\t\t\tMembers of the Committee shall serve such terms as may be determined by the Commissioner.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":294258,"text":"Upon the request of the Chief Clinical Officer in his capacity as a co-chair of the Committee, information and records regarding an individual whose death is being reviewed by the Committee, including (i) any report of the circumstances of the death maintained by any state or local law-enforcement agency or the Office of the Chief Medical Examiner and (ii) information or records about the person maintained by any facility, hospital, nursing home, or health care provider that provided services to the individual, any social services agency that provided services to the individual, or any court shall be provided to the Chief Clinical Officer or his designee. Any presentence report prepared pursuant to § 19.2-299 for any person convicted of a crime that may have led to the death of the person whose death is the subject of review by the Committee shall be made available to the Chief Clinical Officer or his designee for inspection. In addition, the Chief Clinical Officer or his designee may inspect and copy from any health care provider in the Commonwealth, on behalf of the Committee, any health or mental health record of the individual, without authorization.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":294259,"text":"All information obtained or generated by the Committee or on behalf of the Committee 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. Such information shall not be subject to subpoena or discovery or be admissible in any civil or criminal proceeding. 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 Committee during a review pursuant to this section. The Committee shall compile all requested information collected for a clinical review. The findings of the Committee may be disclosed or published in statistical or other form but shall not identify any individuals.\n\t\t\tThe portions of meetings in which individual death cases are discussed by the Committee shall be closed pursuant to subdivision A 21 of § 2.2-3711. In addition to the requirements of § 2.2-3712, all members of the Committee and other persons attending closed meetings of the Committee, including any persons presenting information or records on specific deaths, shall sign an agreement to maintain the confidentiality of the information, records, discussions, and opinions disclosed during meetings at which the Committee reviews a specific death. No member of the Committee or other person who participates in a review shall be required to make any statement regarding the review or any information collected during the review. Violations of this subsection are punishable as a Class 3 misdemeanor.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":294260,"text":"Upon notification of the death of a person with a developmental disability who was receiving services from a provider licensed by the Department or in a training center or other state facility, any state or local government agency or facility that provided services to the person or maintained records on the person or the person’s family shall retain the records for 12 months after the date of the death.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":294261,"text":"The Committee shall report its activities annually to the Governor and the General Assembly by December 1. Such report shall include statistical and other data on the deaths of persons with a developmental disability who were receiving services from a provider licensed by the Department or in a training center or other state facility at the time of their death and recommendations developed by the Committee to address the conditions that led to such deaths. Any statistical compilations prepared by the Committee shall be public record and shall not contain any personally identifying information.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":12846,"edition_id":1,"name":"The Department and the Commissioner","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12845,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209715,"object_type":"structure","relational_id":12846,"identifier":"1","token":"37.2\/I\/3\/1","url":"\/37.2\/I\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12845,"edition_id":1,"name":"Department of Behavioral Health and Developmental Services","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12844,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209713,"object_type":"structure","relational_id":12845,"identifier":"3","token":"37.2\/I\/3","url":"\/37.2\/I\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12844,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209675,"object_type":"structure","relational_id":12844,"identifier":"I","token":"37.2\/I","url":"\/37.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":53989,"structure_id":12846,"section_number":"37.2-300","catch_line":"Creation and supervision of Department","url":"\/37.2-300\/","token":"37.2\/I\/3\/1\/37.2-300","metadata":false},{"id":87072,"structure_id":12846,"section_number":"37.2-301","catch_line":"Appointment of Commissioner","url":"\/37.2-301\/","token":"37.2\/I\/3\/1\/37.2-301","metadata":false},{"id":61895,"structure_id":12846,"section_number":"37.2-302","catch_line":"Term of office and vacancy therein","url":"\/37.2-302\/","token":"37.2\/I\/3\/1\/37.2-302","metadata":false},{"id":68733,"structure_id":12846,"section_number":"37.2-303","catch_line":"Qualifications of Commissioner","url":"\/37.2-303\/","token":"37.2\/I\/3\/1\/37.2-303","metadata":false},{"id":58889,"structure_id":12846,"section_number":"37.2-304","catch_line":"Duties of Commissioner","url":"\/37.2-304\/","token":"37.2\/I\/3\/1\/37.2-304","metadata":false},{"id":55805,"structure_id":12846,"section_number":"37.2-305","catch_line":"Receiving gifts and endowments","url":"\/37.2-305\/","token":"37.2\/I\/3\/1\/37.2-305","metadata":false},{"id":76091,"structure_id":12846,"section_number":"37.2-306","catch_line":"Research into causes of mental illness, developmental disabilities, substance abuse, and related subjects","url":"\/37.2-306\/","token":"37.2\/I\/3\/1\/37.2-306","metadata":false},{"id":79296,"structure_id":12846,"section_number":"37.2-307","catch_line":"Employment of special counsel to defend Board member, officer, or employee of Department in criminal cases","url":"\/37.2-307\/","token":"37.2\/I\/3\/1\/37.2-307","metadata":false},{"id":69476,"structure_id":12846,"section_number":"37.2-308","catch_line":"Data reporting on children and adolescents","url":"\/37.2-308\/","token":"37.2\/I\/3\/1\/37.2-308","metadata":false},{"id":85097,"structure_id":12846,"section_number":"37.2-308.01","catch_line":"Commitment hearings for involuntary admissions; data sharing","url":"\/37.2-308.01\/","token":"37.2\/I\/3\/1\/37.2-308.01","metadata":false},{"id":58069,"structure_id":12846,"section_number":"37.2-308.1","catch_line":"Acute psychiatric bed registry","url":"\/37.2-308.1\/","token":"37.2\/I\/3\/1\/37.2-308.1","metadata":false},{"id":74547,"structure_id":12846,"section_number":"37.2-309","catch_line":"Department responsible for substance abuse services; office established; qualifications of staff","url":"\/37.2-309\/","token":"37.2\/I\/3\/1\/37.2-309","metadata":false},{"id":63480,"structure_id":12846,"section_number":"37.2-310","catch_line":"Powers and duties of Department related to substance abuse","url":"\/37.2-310\/","token":"37.2\/I\/3\/1\/37.2-310","metadata":false},{"id":71267,"structure_id":12846,"section_number":"37.2-311","catch_line":"Review of applications for state or federal funds or services used in substance abuse programs","url":"\/37.2-311\/","token":"37.2\/I\/3\/1\/37.2-311","metadata":false},{"id":70901,"structure_id":12846,"section_number":"37.2-311.1","catch_line":"Comprehensive crisis system; Marcus alert system; powers and duties of the Department related to comprehensive mental health, substance abuse, and developmental disability crisis services","url":"\/37.2-311.1\/","token":"37.2\/I\/3\/1\/37.2-311.1","metadata":false},{"id":55219,"structure_id":12846,"section_number":"37.2-311.2","catch_line":"Powers and duties of crisis call center","url":"\/37.2-311.2\/","token":"37.2\/I\/3\/1\/37.2-311.2","metadata":false},{"id":79442,"structure_id":12846,"section_number":"37.2-311.3","catch_line":"Standards for community care teams and mobile crisis teams","url":"\/37.2-311.3\/","token":"37.2\/I\/3\/1\/37.2-311.3","metadata":false},{"id":72863,"structure_id":12846,"section_number":"37.2-311.4","catch_line":"Crisis Call Center Fund","url":"\/37.2-311.4\/","token":"37.2\/I\/3\/1\/37.2-311.4","metadata":false},{"id":60255,"structure_id":12846,"section_number":"37.2-311.5","catch_line":"Collection of 988 charges","url":"\/37.2-311.5\/","token":"37.2\/I\/3\/1\/37.2-311.5","metadata":false},{"id":65423,"structure_id":12846,"section_number":"37.2-311.6","catch_line":"Liability for emergency calls to the National Suicide Prevention Lifeline","url":"\/37.2-311.6\/","token":"37.2\/I\/3\/1\/37.2-311.6","metadata":false},{"id":59415,"structure_id":12846,"section_number":"37.2-312","catch_line":"Department responsible for education and training programs","url":"\/37.2-312\/","token":"37.2\/I\/3\/1\/37.2-312","metadata":false},{"id":69006,"structure_id":12846,"section_number":"37.2-312.1","catch_line":"Department to be lead agency for suicide prevention across the lifespan","url":"\/37.2-312.1\/","token":"37.2\/I\/3\/1\/37.2-312.1","metadata":false},{"id":62132,"structure_id":12846,"section_number":"37.2-312.2","catch_line":"Commonwealth Mental Health First Aid Program","url":"\/37.2-312.2\/","token":"37.2\/I\/3\/1\/37.2-312.2","metadata":false},{"id":83802,"structure_id":12846,"section_number":"37.2-313","catch_line":"Employment of unlicensed physician by Department","url":"\/37.2-313\/","token":"37.2\/I\/3\/1\/37.2-313","metadata":false},{"id":81127,"structure_id":12846,"section_number":"37.2-313.1","catch_line":"Licensed physician required at certain training centers","url":"\/37.2-313.1\/","token":"37.2\/I\/3\/1\/37.2-313.1","metadata":false},{"id":75182,"structure_id":12846,"section_number":"37.2-314","catch_line":"Background check required","url":"\/37.2-314\/","token":"37.2\/I\/3\/1\/37.2-314","metadata":false},{"id":82101,"structure_id":12846,"section_number":"37.2-314.1","catch_line":"Developmental Disabilities Mortality Review Committee; duties; membership; confidentiality; report; penalty","url":"\/37.2-314.1\/","token":"37.2\/I\/3\/1\/37.2-314.1","metadata":false},{"id":67219,"structure_id":12846,"section_number":"37.2-314.2","catch_line":"Problem Gambling Treatment and Support Fund","url":"\/37.2-314.2\/","token":"37.2\/I\/3\/1\/37.2-314.2","metadata":false},{"id":85328,"structure_id":12846,"section_number":"37.2-314.3","catch_line":"Powers and duties of the Department related to supported decision-making agreements; report","url":"\/37.2-314.3\/","token":"37.2\/I\/3\/1\/37.2-314.3","metadata":false}],"previous_section":{"id":75182,"structure_id":12846,"section_number":"37.2-314","catch_line":"Background check required","url":"\/37.2-314\/","token":"37.2\/I\/3\/1\/37.2-314","metadata":false},"next_section":{"id":67219,"structure_id":12846,"section_number":"37.2-314.2","catch_line":"Problem Gambling Treatment and Support Fund","url":"\/37.2-314.2\/","token":"37.2\/I\/3\/1\/37.2-314.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-314.1\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 851<\/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":false,"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":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":209821,"object_type":"law","relational_id":82101,"identifier":"37.2-314.1","token":"37.2\/I\/3\/1\/37.2-314.1","url":"\/37.2-314.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-314.1\/","token":"37.2\/I\/3\/1\/37.2-314.1","dublin_core":{"Title":"Developmental Disabilities Mortality Review Committee; duties; membership; confidentiality; report; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-314.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> There is hereby created the Developmental Disabilities Mortality Review Committee (the Committee), which shall develop and implement procedures to ensure that deaths of persons with developmental disabilities receiving services from a provider licensed by the Department<\/span> or in a training center<\/span> or other state<\/span> facility<\/span> are reviewed and analyzed in a systematic way. The Committee shall review each death of a person with a developmental disability<\/span> who was receiving services from a provider licensed by the Department<\/span> or in a training center<\/span> or other state<\/span> facility<\/span> at the time of his death. The Committee shall develop and revise as necessary operating procedures for the review of deaths of such persons, including identification of cases to be reviewed and procedures for coordinating among the agencies and professionals involved in such review. 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

B.<\/span> The Committee shall consist of the following persons or their designees: the Chief Clinical Officer appointed by the Commissioner<\/span>; the Clinical Manager, Program Coordinator and Clinical Reviewer of the Department<\/span>’s Mortality Review Team; the Senior Director of Quality Improvement of the Department<\/span>; an employee of the Department<\/span> with experience related to quality improvement; an employee of the Department<\/span> with relevant programmatic or operational experience; a person licensed to practice medicine or osteopathy in the Commonwealth; a person licensed to practice as a registered nurse in the Commonwealth; and a person with experience in conducting mortality reviews who is not employed by or otherwise affiliated with the Department<\/span>. The Chief Clinical Officer and the Clinical Manager of the Department<\/span>’s Mortality Review Team shall serve as co-chairs of the Committee. The co-chairs of the committee or the Commissioner<\/span> may appoint such additional members of the Committee as may be needed to complete developmental disability<\/span> mortality reviews pursuant to this section.\n\t\t\tMembers of the Committee shall serve such terms as may be determined by the Commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon the request of the Chief Clinical Officer in his capacity as a co-chair of the Committee, information and records regarding an individual<\/span> whose death is being reviewed by the Committee, including (i) any report of the circumstances of the death maintained by any state<\/span> or local law<\/span>-enforcement agency or the Office of the Chief Medical Examiner and (ii) information or records about the person maintained by any facility<\/span>, hospital, nursing home, or health care provider that provided services to the individual<\/span>, any social services agency that provided services to the individual<\/span>, or any court<\/span> shall be provided to the Chief Clinical Officer or his designee. Any presentence report<\/span> prepared pursuant to § 19.2-299<\/a> for any person convicted of a crime<\/span> that may have led to the death of the person whose death is the subject of review by the Committee shall be made available to the Chief Clinical Officer or his designee for inspection. In addition, the Chief Clinical Officer or his designee may inspect and copy from any health care provider in the Commonwealth, on behalf of the Committee, any health or mental health record of the individual<\/span>, without authorization. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> All information obtained or generated by the Committee or on behalf of the Committee 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>. Such information shall not be subject to subpoena<\/span> or discovery<\/span> or be admissible<\/span> in any civil or criminal proceeding. If available from other sources, however, such information and records shall not be immune from subpoena<\/span>, discovery<\/span>, or introduction into evidence<\/span> when obtained through such other sources solely because the information and records were presented to the Committee during a review pursuant to this section. The Committee shall compile all requested information collected for a clinical review. The findings<\/span> of the Committee may be disclosed or published in statistical or other form but shall not identify any individuals<\/span>.\n\t\t\tThe portions of meetings in which individual<\/span> death cases are discussed by the Committee shall be closed pursuant to subdivision A 21 of § 2.2-3711<\/a>. In addition to the requirements of § 2.2-3712<\/a>, all members of the Committee and other persons attending closed meetings of the Committee, including any persons presenting information or records on specific deaths, shall sign an agreement to maintain the confidentiality of the information, records, discussions, and opinions<\/span> disclosed during meetings at which the Committee reviews a specific death. No member of the Committee or other person who participates in a review shall be required to make any statement regarding the review or any information collected during the review. Violations of this subsection are punishable as a Class 3 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon notification of the death of a person with a developmental disability<\/span> who was receiving services from a provider licensed by the Department<\/span> or in a training center<\/span> or other state<\/span> facility<\/span>, any state<\/span> or local government agency or facility<\/span> that provided services to the person or maintained records on the person or the person’s family shall retain the records for 12 months after the date of the death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Committee shall report its activities annually to the Governor and the General Assembly by December 1. Such report shall include statistical and other data on the deaths of persons with a developmental disability<\/span> who were receiving services from a provider licensed by the Department<\/span> or in a training center<\/span> or other state<\/span> facility<\/span> at the time of their death and recommendations developed by the Committee to address the conditions that led to such deaths. Any statistical compilations prepared by the Committee shall be public record and shall not contain any personally identifying information. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEVELOPMENTAL DISABILITIES MORTALITY REVIEW COMMITTEE; DUTIES; MEMBERSHIP;\nCONFIDENTIALITY; REPORT; PENALTY (\u00a7 37.2-314.1)\n\nA. There is hereby created the Developmental Disabilities Mortality Review\nCommittee (the Committee), which shall develop and implement procedures to\nensure that deaths of persons with developmental disabilities receiving services\nfrom a provider licensed by the Department or in a training center or other\nstate facility are reviewed and analyzed in a systematic way. The Committee\nshall review each death of a person with a developmental disability who was\nreceiving services from a provider licensed by the Department or in a training\ncenter or other state facility at the time of his death. The Committee shall\ndevelop and revise as necessary operating procedures for the review of deaths of\nsuch persons, including identification of cases to be reviewed and procedures\nfor coordinating among the agencies and professionals involved in such review.\nSuch operating procedures shall be exempt from the Administrative Process Act\n(§ 2.2-4000 et seq.) pursuant to subdivision B 17 of § 2.2-4002.\n\nB. The Committee shall consist of the following persons or their designees: the\nChief Clinical Officer appointed by the Commissioner; the Clinical Manager,\nProgram Coordinator and Clinical Reviewer of the Department’s Mortality\nReview Team; the Senior Director of Quality Improvement of the Department; an\nemployee of the Department with experience related to quality improvement; an\nemployee of the Department with relevant programmatic or operational experience;\na person licensed to practice medicine or osteopathy in the Commonwealth; a\nperson licensed to practice as a registered nurse in the Commonwealth; and a\nperson with experience in conducting mortality reviews who is not employed by or\notherwise affiliated with the Department. The Chief Clinical Officer and the\nClinical Manager of the Department’s Mortality Review Team shall serve as\nco-chairs of the Committee. The co-chairs of the committee or the Commissioner\nmay appoint such additional members of the Committee as may be needed to\ncomplete developmental disability mortality reviews pursuant to this section.\n\t\t\tMembers of the Committee shall serve such terms as may be determined by the\nCommissioner.\n\nC. Upon the request of the Chief Clinical Officer in his capacity as a co-chair\nof the Committee, information and records regarding an individual whose death is\nbeing reviewed by the Committee, including (i) any report of the circumstances\nof the death maintained by any state or local law-enforcement agency or the\nOffice of the Chief Medical Examiner and (ii) information or records about the\nperson maintained by any facility, hospital, nursing home, or health care\nprovider that provided services to the individual, any social services agency\nthat provided services to the individual, or any court shall be provided to the\nChief Clinical Officer or his designee. Any presentence report prepared pursuant\nto § 19.2-299 for any person convicted of a crime that may have led to the\ndeath of the person whose death is the subject of review by the Committee shall\nbe made available to the Chief Clinical Officer or his designee for inspection.\nIn addition, the Chief Clinical Officer or his designee may inspect and copy\nfrom any health care provider in the Commonwealth, on behalf of the Committee,\nany health or mental health record of the individual, without authorization.\n\nD. All information obtained or generated by the Committee or on behalf of the\nCommittee regarding a review shall be confidential and excluded from the\nVirginia Freedom of Information Act (§ 2.2-3700 et seq.) pursuant to\nsubdivision 7 of § 2.2-3705.5. Such information shall not be subject to\nsubpoena or discovery or be admissible in any civil or criminal proceeding. If\navailable from other sources, however, such information and records shall not be\nimmune from subpoena, discovery, or introduction into evidence when obtained\nthrough such other sources solely because the information and records were\npresented to the Committee during a review pursuant to this section. The\nCommittee shall compile all requested information collected for a clinical\nreview. The findings of the Committee may be disclosed or published in\nstatistical or other form but shall not identify any individuals.\n\t\t\tThe portions of meetings in which individual death cases are discussed by the\nCommittee shall be closed pursuant to subdivision A 21 of § 2.2-3711. In\naddition to the requirements of § 2.2-3712, all members of the Committee\nand other persons attending closed meetings of the Committee, including any\npersons presenting information or records on specific deaths, shall sign an\nagreement to maintain the confidentiality of the information, records,\ndiscussions, and opinions disclosed during meetings at which the Committee\nreviews a specific death. No member of the Committee or other person who\nparticipates in a review shall be required to make any statement regarding the\nreview or any information collected during the review. Violations of this\nsubsection are punishable as a Class 3 misdemeanor.\n\nE. Upon notification of the death of a person with a developmental disability\nwho was receiving services from a provider licensed by the Department or in a\ntraining center or other state facility, any state or local government agency or\nfacility that provided services to the person or maintained records on the\nperson or the person’s family shall retain the records for 12 months after\nthe date of the death.\n\nF. The Committee shall report its activities annually to the Governor and the\nGeneral Assembly by December 1. Such report shall include statistical and other\ndata on the deaths of persons with a developmental disability who were receiving\nservices from a provider licensed by the Department or in a training center or\nother state facility at the time of their death and recommendations developed by\nthe Committee to address the conditions that led to such deaths. Any statistical\ncompilations prepared by the Committee shall be public record and shall not\ncontain any personally identifying information.\n\nHISTORY: 2020, c. 851.","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}}