{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-804.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-804.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-804.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-804.2.html"}],"law_id":57446,"edition_id":1,"section_id":57446,"structure_id":15066,"section_number":"37.2-804.2","catch_line":"(Effective July 1, 2026) Disclosure of records","history":"2008, cc. 782, 850, 870; 2009, cc. 606, 651; 2016, cc. 569, 693; 2024, c. 780.","full_text":"Any health care provider, as defined in \u00a7 32.1-127.1:03, or other provider who has provided or is currently providing services to a person who is the subject of proceedings pursuant to this chapter shall, upon request, disclose to a magistrate, the court, the person’s attorney, the person’s guardian ad litem, the examiner identified to perform an examination pursuant to \u00a7 37.2-815, the community services board or its designee performing any evaluation, preadmission screening, or monitoring duties pursuant to this chapter, or a law-enforcement officer any information that is necessary and appropriate for the performance of his duties pursuant to this chapter. Any health care provider, as defined in \u00a7 32.1-127.1:03, or other provider who has provided or is currently evaluating or providing services to a person who is the subject of proceedings pursuant to this chapter shall disclose information that may be necessary for the treatment of such person to any other health care provider or other provider evaluating or providing services to or monitoring the treatment of the person. Health records disclosed to a law-enforcement officer shall be limited to information necessary to protect the officer, the person, or the public from physical injury or to address the health care needs of the person. Information disclosed to a law-enforcement officer shall not be used for any other purpose, disclosed to others, or retained.\n\t\tAny health care provider providing services to a person who is the subject of proceedings under this chapter shall (i) inform the person that his family member or personal representative, including any agent named in an advance directive executed in accordance with the Health Care Decisions Act (\u00a7 54.1-2981 et seq.), will be notified of information that is directly relevant to such individual’s involvement with the person’s health care, which may include the person’s location and general condition, in accordance with subdivision D 34 of \u00a7 32.1-127.1:03, and (ii) make a reasonable effort to so notify the person’s family member or personal representative, unless the provider has actual knowledge that the family member or personal representative is currently prohibited by court order from contacting the person. No health care provider shall be required to notify a person’s family member or personal representative pursuant to this section if the health care provider has actual knowledge that such notice has been provided.\n\t\tAny health care provider disclosing records pursuant to this section shall be immune from civil liability for any harm resulting from the disclosure, including any liability under the federal Health Insurance Portability and Accountability Act (42 U.S.C. \u00a7 1320d et seq.), as amended, unless the person or provider disclosing such records intended the harm or acted in bad faith.","order_by":null,"text":{"0":{"id":210490,"text":"Any health care provider, as defined in \u00a7 32.1-127.1:03, or other provider who has provided or is currently providing services to a person who is the subject of proceedings pursuant to this chapter shall, upon request, disclose to a magistrate, the court, the person’s attorney, the person’s guardian ad litem, the examiner identified to perform an examination pursuant to \u00a7 37.2-815, the community services board or its designee performing any evaluation, preadmission screening, or monitoring duties pursuant to this chapter, or a law-enforcement officer any information that is necessary and appropriate for the performance of his duties pursuant to this chapter. Any health care provider, as defined in \u00a7 32.1-127.1:03, or other provider who has provided or is currently evaluating or providing services to a person who is the subject of proceedings pursuant to this chapter shall disclose information that may be necessary for the treatment of such person to any other health care provider or other provider evaluating or providing services to or monitoring the treatment of the person. Health records disclosed to a law-enforcement officer shall be limited to information necessary to protect the officer, the person, or the public from physical injury or to address the health care needs of the person. Information disclosed to a law-enforcement officer shall not be used for any other purpose, disclosed to others, or retained.\n\t\tAny health care provider providing services to a person who is the subject of proceedings under this chapter shall (i) inform the person that his family member or personal representative, including any agent named in an advance directive executed in accordance with the Health Care Decisions Act (\u00a7 54.1-2981 et seq.), will be notified of information that is directly relevant to such individual’s involvement with the person’s health care, which may include the person’s location and general condition, in accordance with subdivision D 34 of \u00a7 32.1-127.1:03, and (ii) make a reasonable effort to so notify the person’s family member or personal representative, unless the provider has actual knowledge that the family member or personal representative is currently prohibited by court order from contacting the person. No health care provider shall be required to notify a person’s family member or personal representative pursuant to this section if the health care provider has actual knowledge that such notice has been provided.\n\t\tAny health care provider disclosing records pursuant to this section shall be immune from civil liability for any harm resulting from the disclosure, including any liability under the federal Health Insurance Portability and Accountability Act (42 U.S.C. \u00a7 1320d et seq.), as amended, unless the person or provider disclosing such records intended the harm or acted in bad faith.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15066,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12890,"metadata":{},"date_created":"2026-06-26 03:51:56","date_modified":"2026-06-26 03:51:56","permalink":{"id":210259,"object_type":"structure","relational_id":15066,"identifier":"1","token":"37.2\/III\/8\/1","url":"\/37.2\/III\/8\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12890,"edition_id":1,"name":"Emergency Custody and Voluntary and Involuntary Civil Admissions","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12889,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210257,"object_type":"structure","relational_id":12890,"identifier":"8","token":"37.2\/III\/8","url":"\/37.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12889,"edition_id":1,"name":"Admissions and Dispositions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210255,"object_type":"structure","relational_id":12889,"identifier":"III","token":"37.2\/III","url":"\/37.2\/III\/","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":76779,"structure_id":15066,"section_number":"37.2-800","catch_line":"(Effective July 1, 2026). Applicability of chapter","url":"\/37.2-800\/","token":"37.2\/III\/8\/1\/37.2-800","metadata":false},{"id":63295,"structure_id":15066,"section_number":"37.2-801","catch_line":"Admission procedures; forms","url":"\/37.2-801\/","token":"37.2\/III\/8\/1\/37.2-801","metadata":false},{"id":66636,"structure_id":15066,"section_number":"37.2-802","catch_line":"Interpreters in admission or certification proceedings","url":"\/37.2-802\/","token":"37.2\/III\/8\/1\/37.2-802","metadata":false},{"id":84291,"structure_id":15066,"section_number":"37.2-803","catch_line":"Special justices to perform duties of judge","url":"\/37.2-803\/","token":"37.2\/III\/8\/1\/37.2-803","metadata":false},{"id":86844,"structure_id":15066,"section_number":"37.2-804","catch_line":"Fees and expenses","url":"\/37.2-804\/","token":"37.2\/III\/8\/1\/37.2-804","metadata":false},{"id":77215,"structure_id":15066,"section_number":"37.2-804.1","catch_line":"Use of electronic communication","url":"\/37.2-804.1\/","token":"37.2\/III\/8\/1\/37.2-804.1","metadata":false},{"id":57446,"structure_id":15066,"section_number":"37.2-804.2","catch_line":"(Effective July 1, 2026) Disclosure of records","url":"\/37.2-804.2\/","token":"37.2\/III\/8\/1\/37.2-804.2","metadata":false}],"previous_section":{"id":77215,"structure_id":15066,"section_number":"37.2-804.1","catch_line":"Use of electronic communication","url":"\/37.2-804.1\/","token":"37.2\/III\/8\/1\/37.2-804.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-804.2\/","history_text":"

This law was first created in 2008. The record of its establishment is cataloged in chapters 782<\/a>, 850<\/a>, and 870<\/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 3 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 2009, chapters 606<\/a> and 651<\/a>; in 2016, chapters 569<\/a> and 693<\/a>; in 2024, chapter 780<\/a>.<\/p>","references":[{"id":61742,"section_number":"37.2-808","catch_line":"(Effective July 1, 2026) Emergency custody; issuance and execution of order","order_by":null,"url":"\/37.2-808\/"},{"id":70156,"section_number":"37.2-809","catch_line":"(Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order","order_by":null,"url":"\/37.2-809\/"},{"id":71749,"section_number":"37.2-817.01","catch_line":"Mandatory outpatient treatment","order_by":null,"url":"\/37.2-817.01\/"},{"id":75804,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","order_by":null,"url":"\/37.2-821\/"}],"refers_to":[{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":63792,"section_number":"37.2-815","catch_line":"Commitment hearing for involuntary admission; examination required","order_by":null,"url":"\/37.2-815\/"},{"id":77307,"section_number":"54.1-2981","catch_line":"Short title","order_by":null,"url":"\/54.1-2981\/"}],"permalink":{"id":210285,"object_type":"law","relational_id":57446,"identifier":"37.2-804.2","token":"37.2\/III\/8\/1\/37.2-804.2","url":"\/37.2-804.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-804.2\/","token":"37.2\/III\/8\/1\/37.2-804.2","dublin_core":{"Title":"(Effective July 1, 2026) Disclosure of records","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-804.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any health care provider, as defined in \u00a7 32.1-127.1:03<\/a>, or other provider who has provided or is currently providing services to a person who is the subject of proceedings pursuant to this chapter shall, upon request, disclose to a magistrate<\/span>, the court, the person’s attorney, the person’s guardian ad litem<\/span>, the examiner identified to perform an examination pursuant to \u00a7 37.2-815<\/a>, the community services board<\/span> or its designee performing any evaluation, preadmission screening, or monitoring duties pursuant to this chapter, or a law<\/span>-enforcement officer any information that is necessary and appropriate for the performance of his duties pursuant to this chapter. Any health care provider, as defined in \u00a7 32.1-127.1:03<\/a>, or other provider who has provided or is currently evaluating or providing services to a person who is the subject of proceedings pursuant to this chapter shall disclose information that may be necessary for the treatment of such person to any other health care provider or other provider evaluating or providing services to or monitoring the treatment of the person. Health records disclosed to a law<\/span>-enforcement officer shall be limited to information necessary to protect the officer, the person, or the public from physical injury or to address the health care needs of the person. Information disclosed to a law<\/span>-enforcement officer shall not be used for any other purpose, disclosed to others, or retained.\n\t\tAny health care provider providing services to a person who is the subject of proceedings under this chapter shall (i) inform the person that his family member<\/span> or personal representative, including any agent named in an advance directive executed in accordance with the Health Care Decisions Act (\u00a7 54.1-2981<\/a> et seq.), will be notified of information that is directly relevant to such individual<\/span>’s involvement with the person’s health care, which may include the person’s location and general condition, in accordance with subdivision D 34 of \u00a7 32.1-127.1:03<\/a>, and (ii) make a reasonable effort to so notify the person’s family member<\/span> or personal representative, unless the provider has actual knowledge that the family member<\/span> or personal representative is currently prohibited by court order<\/span> from contacting the person. No health care provider shall be required to notify a person’s family member<\/span> or personal representative pursuant to this section if the health care provider has actual knowledge that such notice has been provided.\n\t\tAny health care provider disclosing records pursuant to this section shall be immune from civil liability for any harm resulting from the disclosure, including any liability under the federal Health Insurance Portability and Accountability Act (42 U.S.C. \u00a7 1320d et seq.), as amended, unless the person or provider disclosing such records intended the harm or acted in bad faith.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) DISCLOSURE OF RECORDS (\u00a7 37.2-804.2)\n\nAny health care provider, as defined in \u00a7 32.1-127.1:03, or other provider who\nhas provided or is currently providing services to a person who is the subject\nof proceedings pursuant to this chapter shall, upon request, disclose to a\nmagistrate, the court, the person’s attorney, the person’s guardian\nad litem, the examiner identified to perform an examination pursuant to \u00a7\n37.2-815, the community services board or its designee performing any\nevaluation, preadmission screening, or monitoring duties pursuant to this\nchapter, or a law-enforcement officer any information that is necessary and\nappropriate for the performance of his duties pursuant to this chapter. Any\nhealth care provider, as defined in \u00a7 32.1-127.1:03, or other provider who has\nprovided or is currently evaluating or providing services to a person who is the\nsubject of proceedings pursuant to this chapter shall disclose information that\nmay be necessary for the treatment of such person to any other health care\nprovider or other provider evaluating or providing services to or monitoring the\ntreatment of the person. Health records disclosed to a law-enforcement officer\nshall be limited to information necessary to protect the officer, the person, or\nthe public from physical injury or to address the health care needs of the\nperson. Information disclosed to a law-enforcement officer shall not be used for\nany other purpose, disclosed to others, or retained.\n\t\tAny health care provider providing services to a person who is the subject of\nproceedings under this chapter shall (i) inform the person that his family\nmember or personal representative, including any agent named in an advance\ndirective executed in accordance with the Health Care Decisions Act (\u00a7\n54.1-2981 et seq.), will be notified of information that is directly relevant to\nsuch individual’s involvement with the person’s health care, which\nmay include the person’s location and general condition, in accordance\nwith subdivision D 34 of \u00a7 32.1-127.1:03, and (ii) make a reasonable effort to\nso notify the person’s family member or personal representative, unless\nthe provider has actual knowledge that the family member or personal\nrepresentative is currently prohibited by court order from contacting the\nperson. No health care provider shall be required to notify a person’s\nfamily member or personal representative pursuant to this section if the health\ncare provider has actual knowledge that such notice has been provided.\n\t\tAny health care provider disclosing records pursuant to this section shall be\nimmune from civil liability for any harm resulting from the disclosure,\nincluding any liability under the federal Health Insurance Portability and\nAccountability Act (42 U.S.C. \u00a7 1320d et seq.), as amended, unless the person\nor provider disclosing such records intended the harm or acted in bad faith.\n\nHISTORY: 2008, cc. 782, 850, 870; 2009, cc. 606, 651; 2016, cc. 569, 693; 2024,\nc. 780.","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}}