{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-133.03.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-133.03.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-133.03.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-133.03.html"}],"law_id":64708,"edition_id":1,"section_id":64708,"structure_id":14854,"section_number":"53.1-133.03","catch_line":"Exchange of medical and mental health information and records","history":"1997, c. 443; 2018, c. 165; 2019, cc. 702, 827; 2020, cc. 759, 836, 837; 2025, cc. 316, 317.","full_text":"A\n\nWhenever a person is committed to a local or regional correctional facility, the following shall be entitled to obtain medical and mental health information and records concerning such person from a health care provider, even when such person does not provide consent or consent is not readily obtainable:1\n\nThe person in charge of the facility, or his designee, when such information and records are necessary (i) for the provision of health care to the person committed, (ii) to protect the health and safety of the person committed or other residents or staff of the facility, or (iii) to maintain the security and safety of the facility. Such information and records of any person committed to jail and transferred to another correctional facility may be exchanged among administrative personnel of the correctional facilities involved and of the administrative personnel within the holding facility when there is reasonable cause to believe that such information is necessary to maintain the security and safety of the holding facility, its employees, or prisoners. The information exchanged shall continue to be confidential and disclosure shall be limited to that necessary to ensure the security and safety of the facility.2\n\nMembers of the Parole Board or its designees, as specified in &#xA7; 53.1-138, in order to conduct the investigation required under &#xA7; 53.1-155.3\n\nProbation and parole officers and local probation officers for use in parole and probation planning, release, and supervision.4\n\nOfficials of the facilities involved and officials within the holding facility for the purpose of formulating recommendations for treatment and rehabilitative programs; classification, security and work assignments; and determining the necessity for medical, dental and mental health care, treatment and other such programs.5\n\nMedical and mental health hospitals and facilities, both public and private, including community services boards and health departments, for use in treatment while committed to jail or a correctional facility while under supervision of a probation or parole officer.6\n\nThe Department of Medical Assistance Services, the Department of Social Services, and any local department of social services for the purposes of providing pre-release services, reentry planning, and post-incarceration placement and services.B\n\nSubstance abuse records subject to federal regulations, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. &#xA7; 2.11 et seq., shall not be subject to the provisions of this section. The disclosure of results of a test for human immunodeficiency virus shall not be permitted except as provided in &#xA7;&#xA7; 32.1-36.1 and 32.1-116.3.C\n\nThe release of medical and mental health information and records to any other agency or individual shall be subject to all regulations promulgated by the State Board of Local and Regional Jails that govern confidentiality of such records. Medical and mental health information concerning a prisoner that has been exchanged pursuant to this section may be used only as provided herein and shall otherwise remain confidential and protected from disclosure.D\n\nNothing contained in this section shall prohibit the release of records to the Department of Health Professions or health regulatory boards consistent with Subtitle III (&#xA7; 54.1-2400 et seq.) of Title 54.1.E\n\nExcept for any information and records not subject to this section or not permitted to be disclosed pursuant to subsection B, any health care provider as defined in &#xA7; 32.1-127.1:03 who has provided services within the last two years to a person committed to a local or regional correctional facility shall, upon request by the local or regional correctional facility, disclose to the local or regional correctional facility where the person is committed any information necessary to ensure the continuity of care of the person committed. Any health care provider who discloses medical and mental health information and records pursuant to this section shall be immune from civil liability resulting from such disclosure, including any liability under the federal Health Insurance Portability and Accountability Act (42 U.S.C. &#xA7; 1320d et seq.), absent bad faith or malicious intent.","order_by":null,"text":{"0":{"id":235503,"text":"Whenever a person is committed to a local or regional correctional facility, the following shall be entitled to obtain medical and mental health information and records concerning such person from a health care provider, even when such person does not provide consent or consent is not readily obtainable:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":235504,"text":"The person in charge of the facility, or his designee, when such information and records are necessary (i) for the provision of health care to the person committed, (ii) to protect the health and safety of the person committed or other residents or staff of the facility, or (iii) to maintain the security and safety of the facility. Such information and records of any person committed to jail and transferred to another correctional facility may be exchanged among administrative personnel of the correctional facilities involved and of the administrative personnel within the holding facility when there is reasonable cause to believe that such information is necessary to maintain the security and safety of the holding facility, its employees, or prisoners. The information exchanged shall continue to be confidential and disclosure shall be limited to that necessary to ensure the security and safety of the facility.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":235505,"text":"Members of the Parole Board or its designees, as specified in &#xA7; 53.1-138, in order to conduct the investigation required under &#xA7; 53.1-155.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":235506,"text":"Probation and parole officers and local probation officers for use in parole and probation planning, release, and supervision.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":235507,"text":"Officials of the facilities involved and officials within the holding facility for the purpose of formulating recommendations for treatment and rehabilitative programs; classification, security and work assignments; and determining the necessity for medical, dental and mental health care, treatment and other such programs.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":235508,"text":"Medical and mental health hospitals and facilities, both public and private, including community services boards and health departments, for use in treatment while committed to jail or a correctional facility while under supervision of a probation or parole officer.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":235509,"text":"The Department of Medical Assistance Services, the Department of Social Services, and any local department of social services for the purposes of providing pre-release services, reentry planning, and post-incarceration placement and services.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":235510,"text":"Substance abuse records subject to federal regulations, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. &#xA7; 2.11 et seq., shall not be subject to the provisions of this section. The disclosure of results of a test for human immunodeficiency virus shall not be permitted except as provided in &#xA7;&#xA7; 32.1-36.1 and 32.1-116.3.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":235511,"text":"The release of medical and mental health information and records to any other agency or individual shall be subject to all regulations promulgated by the State Board of Local and Regional Jails that govern confidentiality of such records. Medical and mental health information concerning a prisoner that has been exchanged pursuant to this section may be used only as provided herein and shall otherwise remain confidential and protected from disclosure.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"9":{"id":235512,"text":"Nothing contained in this section shall prohibit the release of records to the Department of Health Professions or health regulatory boards consistent with Subtitle III (&#xA7; 54.1-2400 et seq.) of Title 54.1.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"10":{"id":235513,"text":"Except for any information and records not subject to this section or not permitted to be disclosed pursuant to subsection B, any health care provider as defined in &#xA7; 32.1-127.1:03 who has provided services within the last two years to a person committed to a local or regional correctional facility shall, upon request by the local or regional correctional facility, disclose to the local or regional correctional facility where the person is committed any information necessary to ensure the continuity of care of the person committed. Any health care provider who discloses medical and mental health information and records pursuant to this section shall be immune from civil liability resulting from such disclosure, including any liability under the federal Health Insurance Portability and Accountability Act (42 U.S.C. &#xA7; 1320d et seq.), absent bad faith or malicious intent.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14854,"edition_id":1,"name":"Prisoner Programs and Treatment","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":12847,"metadata":{},"date_created":"2026-06-26 03:50:24","date_modified":"2026-06-26 03:50:24","permalink":{"id":238767,"object_type":"structure","relational_id":14854,"identifier":"7","token":"53.1\/3\/7","url":"\/53.1\/3\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12847,"edition_id":1,"name":"Local Correctional Facilities","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":238281,"object_type":"structure","relational_id":12847,"identifier":"3","token":"53.1\/3","url":"\/53.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12717,"edition_id":1,"name":"Prisons and Other Methods of Correction","identifier":"53.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237591,"object_type":"structure","relational_id":12717,"identifier":"53.1","token":"53.1","url":"\/53.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67418,"structure_id":14854,"section_number":"53.1-128","catch_line":"Workforces and authorized work places","url":"\/53.1-128\/","token":"53.1\/3\/7\/53.1-128","metadata":false},{"id":66959,"structure_id":14854,"section_number":"53.1-129","catch_line":"Order permitting prisoners to work on state, county, city, town, certain private property or nonprofit organization property; bond of person in charge of prisoners","url":"\/53.1-129\/","token":"53.1\/3\/7\/53.1-129","metadata":false},{"id":75473,"structure_id":14854,"section_number":"53.1-130","catch_line":"Sheriffs, jail superintendents, etc., not to be interested in property where work performed; penalty","url":"\/53.1-130\/","token":"53.1\/3\/7\/53.1-130","metadata":false},{"id":73492,"structure_id":14854,"section_number":"53.1-131","catch_line":"Provision for release of prisoner from confinement for employment, educational or other rehabilitative programs; escape; penalty; disposition of earnings","url":"\/53.1-131\/","token":"53.1\/3\/7\/53.1-131","metadata":false},{"id":76097,"structure_id":14854,"section_number":"53.1-131.1","catch_line":"Provision for sentencing of person to nonconsecutive days in jail; payment to defray costs; penalty","url":"\/53.1-131.1\/","token":"53.1\/3\/7\/53.1-131.1","metadata":false},{"id":73781,"structure_id":14854,"section_number":"53.1-131.2","catch_line":"Assignment to a home\/electronic incarceration program; payment to defray costs; escape; penalty","url":"\/53.1-131.2\/","token":"53.1\/3\/7\/53.1-131.2","metadata":false},{"id":76868,"structure_id":14854,"section_number":"53.1-131.3","catch_line":"Payment of costs associated with prisoners' keep","url":"\/53.1-131.3\/","token":"53.1\/3\/7\/53.1-131.3","metadata":false},{"id":61325,"structure_id":14854,"section_number":"53.1-132","catch_line":"Furloughs from local work release programs; penalty for violations","url":"\/53.1-132\/","token":"53.1\/3\/7\/53.1-132","metadata":false},{"id":85322,"structure_id":14854,"section_number":"53.1-133","catch_line":"Treatment of prisoner with contagious disease","url":"\/53.1-133\/","token":"53.1\/3\/7\/53.1-133","metadata":false},{"id":71557,"structure_id":14854,"section_number":"53.1-133.01","catch_line":"Medical treatment for prisoners","url":"\/53.1-133.01\/","token":"53.1\/3\/7\/53.1-133.01","metadata":false},{"id":81065,"structure_id":14854,"section_number":"53.1-133.01:1","catch_line":"Payment for bodily injury","url":"\/53.1-133.01_1\/","token":"53.1\/3\/7\/53.1-133.01_1","metadata":false},{"id":65258,"structure_id":14854,"section_number":"53.1-133.02","catch_line":"Notice to be given upon prisoner release, escape, etc","url":"\/53.1-133.02\/","token":"53.1\/3\/7\/53.1-133.02","metadata":false},{"id":64708,"structure_id":14854,"section_number":"53.1-133.03","catch_line":"Exchange of medical and mental health information and records","url":"\/53.1-133.03\/","token":"53.1\/3\/7\/53.1-133.03","metadata":false},{"id":59293,"structure_id":14854,"section_number":"53.1-133.04","catch_line":"Medical and mental health treatment of prisoners incapable of giving consent","url":"\/53.1-133.04\/","token":"53.1\/3\/7\/53.1-133.04","metadata":false},{"id":56768,"structure_id":14854,"section_number":"53.1-133.05","catch_line":"Place of hearing on medical or mental health treatment of prisoners incapable of giving consent; fees and expenses","url":"\/53.1-133.05\/","token":"53.1\/3\/7\/53.1-133.05","metadata":false}],"previous_section":{"id":65258,"structure_id":14854,"section_number":"53.1-133.02","catch_line":"Notice to be given upon prisoner release, escape, etc","url":"\/53.1-133.02\/","token":"53.1\/3\/7\/53.1-133.02","metadata":false},"next_section":{"id":59293,"structure_id":14854,"section_number":"53.1-133.04","catch_line":"Medical and mental health treatment of prisoners incapable of giving consent","url":"\/53.1-133.04\/","token":"53.1\/3\/7\/53.1-133.04","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-133.03\/","history_text":"<p>This law was first created in 1997. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0443\">443<\/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 4 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 2018, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0165\">165<\/a>; in 2019, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0702\">702<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0827\">827<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0759\">759<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0836\">836<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0837\">837<\/a>; in 2025, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0316\">316<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0317\">317<\/a>.<\/p>","references":[{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":75446,"section_number":"53.1-68","catch_line":"Minimum standards for local correctional facilities and lock-ups; health inspections, behavioral health services inspections, and personnel","order_by":null,"url":"\/53.1-68\/"}],"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":54576,"section_number":"32.1-36.1","catch_line":"Confidentiality of test for human immunodeficiency virus; civil penalty; individual action for damages or penalty","order_by":null,"url":"\/32.1-36.1\/"},{"id":83000,"section_number":"53.1-138","catch_line":"Access to prisoners; reports of prison officials","order_by":null,"url":"\/53.1-138\/"},{"id":65440,"section_number":"54.1-2400","catch_line":"General powers and duties of health regulatory boards","order_by":null,"url":"\/54.1-2400\/"}],"permalink":{"id":238817,"object_type":"law","relational_id":64708,"identifier":"53.1-133.03","token":"53.1\/3\/7\/53.1-133.03","url":"\/53.1-133.03\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-133.03\/","token":"53.1\/3\/7\/53.1-133.03","dublin_core":{"Title":"Exchange of medical and mental health information and records","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-133.03","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Whenever a person is committed to a local or regional correctional facility, the following shall be entitled to obtain medical and mental health information and records concerning such person from a health care provider, even when such person does not provide consent or consent is not readily obtainable: <a id=\"paragraph-235503\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-133.03\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The person in charge of the facility, or his designee, when such information and records are necessary (i) for the provision of health care to the person committed, (ii) to protect the health and safety of the person committed or other residents or staff of the facility, or (iii) to maintain the security and safety of the facility. Such information and records of any person committed to jail and transferred to another correctional facility may be exchanged among administrative personnel of the correctional facilities involved and of the administrative personnel within the holding facility when there is reasonable cause to believe that such information is necessary to maintain the security and safety of the holding facility, its employees, or prisoners. The information exchanged shall continue to be confidential and disclosure shall be limited to that necessary to ensure the security and safety of the facility. <a id=\"paragraph-235504\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-133.03\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Members of the <span class=\"dictionary\">Parole<\/span> <span class=\"dictionary\">Board<\/span> or its designees, as specified in &#xA7; <a class=\"law\" title=\"Access to prisoners; reports of prison officials\" href=\"\/53.1-138\/\">53.1-138<\/a>, in <span class=\"dictionary\">order<\/span> to conduct the investigation required under &#xA7; <a class=\"law\" title=\"Investigation prior to release; transition assistance\" href=\"\/53.1-155\/\">53.1-155<\/a>. <a id=\"paragraph-235505\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-133.03\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Probation and <span class=\"dictionary\">parole<\/span> officers and local <span class=\"dictionary\">probation officers<\/span> for use in <span class=\"dictionary\">parole<\/span> and probation planning, release, and supervision. <a id=\"paragraph-235506\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-133.03\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Officials of the facilities involved and officials within the holding facility for the purpose of formulating recommendations for treatment and rehabilitative programs; classification, security and work assignments; and determining the necessity for medical, dental and mental health care, treatment and other such programs. <a id=\"paragraph-235507\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-133.03\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> Medical and mental health hospitals and facilities, both public and private, including <span class=\"dictionary\">community services<\/span> <span class=\"dictionary\">boards<\/span> and health <span class=\"dictionary\">departments<\/span>, for use in treatment while committed to jail or a correctional facility while under supervision of a probation or <span class=\"dictionary\">parole<\/span> officer. <a id=\"paragraph-235508\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-133.03\/#A5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> The <span class=\"dictionary\">Department<\/span> of Medical Assistance Services, the <span class=\"dictionary\">Department<\/span> of Social Services, and any local <span class=\"dictionary\">department<\/span> of social services for the purposes of providing pre-release services, reentry planning, and post-incarceration placement and services. <a id=\"paragraph-235509\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-133.03\/#A6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Substance abuse records subject to federal regulations, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. &#xA7; 2.11 et seq., shall not be subject to the provisions of this section. The disclosure of results of a test for human immunodeficiency virus shall not be permitted except as provided in &#xA7;&#xA7; <a class=\"law\" title=\"Confidentiality of test for human immunodeficiency virus; civil penalty; individual action for damages or penalty\" href=\"\/32.1-36.1\/\">32.1-36.1<\/a> and <a class=\"law\" title=\"Reporting of communicable diseases; definitions\" href=\"\/32.1-116.3\/\">32.1-116.3<\/a>. <a id=\"paragraph-235510\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-133.03\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The release of medical and mental health information and records to any other agency or individual shall be subject to all regulations promulgated by the <span class=\"dictionary\">State Board<\/span> of Local and Regional Jails that govern confidentiality of such records. Medical and mental health information concerning a prisoner that has been exchanged pursuant to this section may be used only as provided herein and shall otherwise remain confidential and protected from disclosure. <a id=\"paragraph-235511\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-133.03\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Nothing contained in this section shall prohibit the release of records to the <span class=\"dictionary\">Department<\/span> of Health Professions or health regulatory <span class=\"dictionary\">boards<\/span> consistent with Subtitle III (&#xA7; <a class=\"law\" title=\"General powers and duties of health regulatory boards\" href=\"\/54.1-2400\/\">54.1-2400<\/a> et seq.) of Title 54.1. <a id=\"paragraph-235512\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-133.03\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Except for any information and records not subject to this section or not permitted to be disclosed pursuant to subsection B, any health care provider as defined in &#xA7; <a class=\"law\" title=\"Health records privacy\" href=\"\/32.1-127.1_03\/\">32.1-127.1:03<\/a> who has provided services within the last two years to a person committed to a local or regional correctional facility shall, upon request by the local or regional correctional facility, disclose to the local or regional correctional facility where the person is committed any information necessary to ensure the continuity of care of the person committed. Any health care provider who discloses medical and mental health information and records pursuant to this section shall be immune from civil liability resulting from such disclosure, including any liability under the federal Health Insurance Portability and Accountability Act (42 U.S.C. &#xA7; 1320d et seq.), absent bad faith or <span class=\"dictionary\">malicious<\/span> <span class=\"dictionary\">intent<\/span>. <a id=\"paragraph-235513\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-133.03\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nEXCHANGE OF MEDICAL AND MENTAL HEALTH INFORMATION AND RECORDS (\u00a7 53.1-133.03)\n\nA. Whenever a person is committed to a local or regional correctional facility,\nthe following shall be entitled to obtain medical and mental health information\nand records concerning such person from a health care provider, even when such\nperson does not provide consent or consent is not readily obtainable:\n\n   1. The person in charge of the facility, or his designee, when such\n   information and records are necessary (i) for the provision of health care to\n   the person committed, (ii) to protect the health and safety of the person\n   committed or other residents or staff of the facility, or (iii) to maintain\n   the security and safety of the facility. Such information and records of any\n   person committed to jail and transferred to another correctional facility may\n   be exchanged among administrative personnel of the correctional facilities\n   involved and of the administrative personnel within the holding facility when\n   there is reasonable cause to believe that such information is necessary to\n   maintain the security and safety of the holding facility, its employees, or\n   prisoners. The information exchanged shall continue to be confidential and\n   disclosure shall be limited to that necessary to ensure the security and\n   safety of the facility.\n\n   2. Members of the Parole Board or its designees, as specified in &#xA7;\n   53.1-138, in order to conduct the investigation required under &#xA7;\n   53.1-155.\n\n   3. Probation and parole officers and local probation officers for use in\n   parole and probation planning, release, and supervision.\n\n   4. Officials of the facilities involved and officials within the holding\n   facility for the purpose of formulating recommendations for treatment and\n   rehabilitative programs; classification, security and work assignments; and\n   determining the necessity for medical, dental and mental health care,\n   treatment and other such programs.\n\n   5. Medical and mental health hospitals and facilities, both public and\n   private, including community services boards and health departments, for use\n   in treatment while committed to jail or a correctional facility while under\n   supervision of a probation or parole officer.\n\n   6. The Department of Medical Assistance Services, the Department of Social\n   Services, and any local department of social services for the purposes of\n   providing pre-release services, reentry planning, and post-incarceration\n   placement and services.\n\nB. Substance abuse records subject to federal regulations, Confidentiality of\nAlcohol and Drug Abuse Patient Records, 42 C.F.R. &#xA7; 2.11 et seq., shall not\nbe subject to the provisions of this section. The disclosure of results of a\ntest for human immunodeficiency virus shall not be permitted except as provided\nin &#xA7;&#xA7; 32.1-36.1 and 32.1-116.3.\n\nC. The release of medical and mental health information and records to any other\nagency or individual shall be subject to all regulations promulgated by the\nState Board of Local and Regional Jails that govern confidentiality of such\nrecords. Medical and mental health information concerning a prisoner that has\nbeen exchanged pursuant to this section may be used only as provided herein and\nshall otherwise remain confidential and protected from disclosure.\n\nD. Nothing contained in this section shall prohibit the release of records to\nthe Department of Health Professions or health regulatory boards consistent with\nSubtitle III (&#xA7; 54.1-2400 et seq.) of Title 54.1.\n\nE. Except for any information and records not subject to this section or not\npermitted to be disclosed pursuant to subsection B, any health care provider as\ndefined in &#xA7; 32.1-127.1:03 who has provided services within the last two\nyears to a person committed to a local or regional correctional facility shall,\nupon request by the local or regional correctional facility, disclose to the\nlocal or regional correctional facility where the person is committed any\ninformation necessary to ensure the continuity of care of the person committed.\nAny health care provider who discloses medical and mental health information and\nrecords pursuant to this section shall be immune from civil liability resulting\nfrom such disclosure, including any liability under the federal Health Insurance\nPortability and Accountability Act (42 U.S.C. &#xA7; 1320d et seq.), absent bad\nfaith or malicious intent.\n\nHISTORY: 1997, c. 443; 2018, c. 165; 2019, cc. 702, 827; 2020, cc. 759, 836,\n837; 2025, cc. 316, 317.","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}}