{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-40.10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-40.10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-40.10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-40.10.html"}],"law_id":86134,"edition_id":1,"section_id":86134,"structure_id":14675,"section_number":"53.1-40.10","catch_line":"Exchange of medical and mental health information and records","history":"1991, c. 597; 2013, cc. 164, 235; 2018, c. 165; 2019, cc. 202, 827; 2025, cc. 316, 317.","full_text":"A\n\nWhenever a person is committed to a state 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 may be exchanged among administrative personnel for the facility in which the person is imprisoned as necessary to maintain the security and safety of the facility, its employees, or other 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, as specified in § 53.1-138, in order to conduct the investigation required under § 53.1-155.3\n\nProbation and parole officers for use in parole and probation planning, release, and supervision.4\n\nOfficials within the Department 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 programs.5\n\nMedical and mental health hospitals and facilities, both public and private, including community services boards, for use in planning for and supervision of post-incarceration medical and mental health care, treatment, and programs.6\n\nThe Department for Aging and Rehabilitative Services, the Department of Medical Assistance Services, the Department of Social Services, and any local department of social services in the Commonwealth 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. § 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 § 32.1-36.1.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 Department 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\nThe Department shall develop policies to improve the exchange of medical and mental health information and records of persons committed to a state correctional facility, including policies to improve access to electronic health records and electronic exchange of information and records for the provision of telemedicine and telepsychiatry.","order_by":null,"text":{"0":{"id":308481,"text":"Whenever a person is committed to a state 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":308482,"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 may be exchanged among administrative personnel for the facility in which the person is imprisoned as necessary to maintain the security and safety of the facility, its employees, or other 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":308483,"text":"Members of the Parole Board, as specified in § 53.1-138, in order to conduct the investigation required under § 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":308484,"text":"Probation and parole 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":308485,"text":"Officials within the Department 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 programs.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":308486,"text":"Medical and mental health hospitals and facilities, both public and private, including community services boards, for use in planning for and supervision of post-incarceration medical and mental health care, treatment, and programs.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":308487,"text":"The Department for Aging and Rehabilitative Services, the Department of Medical Assistance Services, the Department of Social Services, and any local department of social services in the Commonwealth 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":308488,"text":"Substance abuse records subject to federal regulations, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. § 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 § 32.1-36.1.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":308489,"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 Department 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":308490,"text":"The Department shall develop policies to improve the exchange of medical and mental health information and records of persons committed to a state correctional facility, including policies to improve access to electronic health records and electronic exchange of information and records for the provision of telemedicine and telepsychiatry.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14675,"edition_id":1,"name":"Medical and Mental Health Care; Involuntary Admission and Treatment","identifier":"2.1","label":"article","depth":3,"order_by":1,"parent_id":12718,"metadata":{},"date_created":"2026-06-26 03:49:16","date_modified":"2026-06-26 03:49:16","permalink":{"id":238035,"object_type":"structure","relational_id":14675,"identifier":"2.1","token":"53.1\/2\/2.1","url":"\/53.1\/2\/2.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12718,"edition_id":1,"name":"State Correctional Facilities","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237861,"object_type":"structure","relational_id":12718,"identifier":"2","token":"53.1\/2","url":"\/53.1\/2\/","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":60055,"structure_id":14675,"section_number":"53.1-40.1","catch_line":"Medical and mental health treatment of prisoners incapable of giving consent","url":"\/53.1-40.1\/","token":"53.1\/2\/2.1\/53.1-40.1","metadata":false},{"id":86134,"structure_id":14675,"section_number":"53.1-40.10","catch_line":"Exchange of medical and mental health information and records","url":"\/53.1-40.10\/","token":"53.1\/2\/2.1\/53.1-40.10","metadata":false},{"id":65505,"structure_id":14675,"section_number":"53.1-40.2","catch_line":"Involuntary admission of prisoners with mental illness","url":"\/53.1-40.2\/","token":"53.1\/2\/2.1\/53.1-40.2","metadata":false},{"id":60963,"structure_id":14675,"section_number":"53.1-40.3","catch_line":"Place of hearing or proceeding","url":"\/53.1-40.3\/","token":"53.1\/2\/2.1\/53.1-40.3","metadata":false},{"id":67532,"structure_id":14675,"section_number":"53.1-40.4","catch_line":"Appeal of order authorizing involuntary admission","url":"\/53.1-40.4\/","token":"53.1\/2\/2.1\/53.1-40.4","metadata":false},{"id":71299,"structure_id":14675,"section_number":"53.1-40.5","catch_line":"Transfer of prisoner involuntarily admitted","url":"\/53.1-40.5\/","token":"53.1\/2\/2.1\/53.1-40.5","metadata":false},{"id":56280,"structure_id":14675,"section_number":"53.1-40.6","catch_line":"Periodic review of prisoner for purposes of retention","url":"\/53.1-40.6\/","token":"53.1\/2\/2.1\/53.1-40.6","metadata":false},{"id":78134,"structure_id":14675,"section_number":"53.1-40.7","catch_line":"Discharge of prisoner involuntarily admitted","url":"\/53.1-40.7\/","token":"53.1\/2\/2.1\/53.1-40.7","metadata":false},{"id":62432,"structure_id":14675,"section_number":"53.1-40.8","catch_line":"Fees and expenses","url":"\/53.1-40.8\/","token":"53.1\/2\/2.1\/53.1-40.8","metadata":false},{"id":86543,"structure_id":14675,"section_number":"53.1-40.9","catch_line":"Civil admission proceeding prior to release","url":"\/53.1-40.9\/","token":"53.1\/2\/2.1\/53.1-40.9","metadata":false}],"previous_section":{"id":60055,"structure_id":14675,"section_number":"53.1-40.1","catch_line":"Medical and mental health treatment of prisoners incapable of giving consent","url":"\/53.1-40.1\/","token":"53.1\/2\/2.1\/53.1-40.1","metadata":false},"next_section":{"id":65505,"structure_id":14675,"section_number":"53.1-40.2","catch_line":"Involuntary admission of prisoners with mental illness","url":"\/53.1-40.2\/","token":"53.1\/2\/2.1\/53.1-40.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-40.10\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 597 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. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. 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 2013, chapters 164<\/a> and 235<\/a>; in 2018, chapter 165<\/a>; in 2019, chapters 202<\/a> and 827<\/a>; in 2025, chapters 316<\/a> and 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\/"}],"refers_to":[{"id":83000,"section_number":"53.1-138","catch_line":"Access to prisoners; reports of prison officials","order_by":null,"url":"\/53.1-138\/"}],"permalink":{"id":238041,"object_type":"law","relational_id":86134,"identifier":"53.1-40.10","token":"53.1\/2\/2.1\/53.1-40.10","url":"\/53.1-40.10\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-40.10\/","token":"53.1\/2\/2.1\/53.1-40.10","dublin_core":{"Title":"Exchange of medical and mental health information and records","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-40.10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever a person is committed to a state correctional facility<\/span>, 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: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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 may be exchanged among administrative personnel for the facility in which the person is imprisoned as necessary to maintain the security and safety of the facility, its employees, or other 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Members of the Parole<\/span> Board<\/span>, as specified in § 53.1-138<\/a>, in order<\/span> to conduct the investigation required under § 53.1-155<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Probation<\/span> and parole<\/span> officers for use in parole<\/span> and probation<\/span> planning, release, and supervision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Officials within the Department<\/span> 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 programs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Medical and mental health hospitals and facilities, both public and private, including community services<\/span> boards<\/span>, for use in planning for and supervision of post-incarceration medical and mental health care, treatment, and programs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The Department<\/span> for Aging and Rehabilitative Services, the Department<\/span> of Medical Assistance Services, the Department<\/span> of Social Services, and any local department<\/span> of social services in the Commonwealth for the purposes of providing pre-release services, reentry planning, and post-incarceration placement and services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Substance abuse records subject to federal regulations, Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. § 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 § 32.1-36.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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 Department<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> shall develop policies to improve the exchange of medical and mental health information and records of persons committed to a state correctional facility<\/span>, including policies to improve access to electronic health records and electronic exchange of information and records for the provision of telemedicine and telepsychiatry. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXCHANGE OF MEDICAL AND MENTAL HEALTH INFORMATION AND RECORDS (\u00a7 53.1-40.10)\n\nA. Whenever a person is committed to a state correctional facility, the\nfollowing shall be entitled to obtain medical and mental health information and\nrecords 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 may be\n exchanged among administrative personnel for the facility in which the person\n is imprisoned as necessary to maintain the security and safety of the\n facility, its employees, or other prisoners. The information exchanged shall\n continue to be confidential and disclosure shall be limited to that necessary\n to ensure the security and safety of the facility.\n\n 2. Members of the Parole Board, as specified in § 53.1-138, in order to\n conduct the investigation required under § 53.1-155.\n\n 3. Probation and parole officers for use in parole and probation planning,\n release, and supervision.\n\n 4. Officials within the Department for the purpose of formulating\n recommendations for treatment and rehabilitative programs; classification,\n security and work assignments; and determining the necessity for medical,\n dental, and mental health care, treatment, and programs.\n\n 5. Medical and mental health hospitals and facilities, both public and\n private, including community services boards, for use in planning for and\n supervision of post-incarceration medical and mental health care, treatment,\n and programs.\n\n 6. The Department for Aging and Rehabilitative Services, the Department of\n Medical Assistance Services, the Department of Social Services, and any local\n department of social services in the Commonwealth 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. § 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 § 32.1-36.1.\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\nDepartment that govern confidentiality of such records. Medical and mental\nhealth information concerning a prisoner that has been exchanged pursuant to\nthis section may be used only as provided herein and shall otherwise remain\nconfidential and protected from disclosure.\n\nD. The Department shall develop policies to improve the exchange of medical and\nmental health information and records of persons committed to a state\ncorrectional facility, including policies to improve access to electronic health\nrecords and electronic exchange of information and records for the provision of\ntelemedicine and telepsychiatry.\n\nHISTORY: 1991, c. 597; 2013, cc. 164, 235; 2018, c. 165; 2019, cc. 202, 827;\n2025, 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}}